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2025 DAILYLAW 42262 (AP)

BORRA NAGA SATYA SOMESWARA RAO v. THE STATE OF AP

WP/14180/2021 · 2025-10-28

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010248172021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14180 OF 2021 Between: 1. BORRA NAGA SATYA SOMESWARA RAO, S/o Venkata Krishna Rao, Hindu, Cultivation, Age 37 years resident of D.No.6 Ainapuram, Mummidivaram Mandal, E.G.Dt 533216 2. Borra Venkata Durga Prasad,, S/o Venkata working as a software employee in Pune Maharastra, Presently due to the pandemic situation, Resident of D.No.6 Mummidivaram Mandal, E.G.Dt 533216 1. THE STATE OF AP, represented b Home Affairs, Secretariat Buildings, Velagapudi, Amaravathi, Thullur Mandal, Guntur District 2. The Deputy Inspector General of Police, Eluru Range, Eluru, W.G.Dt 3. The Superintendent of Police, East Godavari Distr 4. The SubDivisional Police officer DSP, N.T.R. Margh, Amalapuram, East Godavari District IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 14180 OF 2021 1. BORRA NAGA SATYA SOMESWARA RAO, S/o Venkata Krishna Rao, Hindu, Cultivation, Age 37 years resident of D.No.6-29/1, Barra Gattu, Ainapuram, Mummidivaram Mandal, E.G.Dt 533216 2. Borra Venkata Durga Prasad,, S/o Venkata Krishna Rao, Age 34 years, working as a software employee in Pune Maharastra, Presently due to the pandemic situation, Resident of D.No.6-29/1, Borra Gattu, Ainapuram, Mummidivaram Mandal, E.G.Dt 533216 ...Petitioners AND 1. THE STATE OF AP, represented by its Principal Secretary, Department of Home Affairs, Secretariat Buildings, Velagapudi, Amaravathi, Thullur Mandal, 2. The Deputy Inspector General of Police, Eluru Range, Eluru, W.G.Dt 3. The Superintendent of Police, East Godavari District, Kakinada 4. The SubDivisional Police officer DSP, N.T.R. Margh, Amalapuram, East IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. BORRA NAGA SATYA SOMESWARA RAO, S/o Venkata Krishna Rao, 29/1, Barra Gattu, Krishna Rao, Age 34 years, working as a software employee in Pune Maharastra, Presently due to the 29/1, Borra Gattu, Ainapuram, ...Petitioners y its Principal Secretary, Department of Home Affairs, Secretariat Buildings, Velagapudi, Amaravathi, Thullur Mandal, 2. The Deputy Inspector General of Police, Eluru Range, Eluru, W.G.Dt 4. The SubDivisional Police officer DSP, N.T.R. Margh, Amalapuram, East 5. The Circle Inspector of Police, Mummidivaram Circle, Mummidivaram, E.G.Dt A.P. 533216 6. The SubInspector of Police, Mummidivaram Police Station, Mummidivaram, E.G.Dt 533216 7. Kondapalli Suresh Babu, S/o not ascertained, Age approximately 40 years, presently working as Sub-Inspector of Police, Mummidivaram Police Station, Mummidivaram 8. The Head Constable by Name Swamy, Mummidivaram Police Station, Mummidivaram Mandal, E.G.Dt 9. Swamy, , S/o not ascertained, presently working as Head Constable Mummidivaram Police Station Mummidivaram 10. Kotipalli Suryakantham, , W/o Narasimha Murthy, Age 75 years, resident of Borra Gattu, Ainapuram, Mummidivaram Mandal, E.G.Dt 11. Kotipalli Veera Venkata Subrahmanyam, S/o Narasimha Murthy, Age 55 years, resident of Borra Gattu, Ainapuram, Mummidivaram Mandal 12. Kotipalli Naveen Krishna, S/o Veera venkata Subrahmanyam, Hindu, Age 32 years, resident of Borra Gattu, Ainapuram, Mummidivaram Mandal, E.G.Dt 533216 13. Bonthu Naga Raju, S/o Verriah, Age 43 years, resident of Vedula Cheruvu, Ainapuram, Mummidivaram Mandal, E.G.Dt 14. Matta Rambabu, S/o Subba Rao, Age 45 years, R.M.P., Ainapuram, Mummidivaram Mandal, E.G.Dt 15. Borra Subba Rao, , S/o Somulu, Age 59 years, resident of Borra Gattu, Ainapuram, Mummidivaram Mandal, E.G.Dt. 16. Mallavolu Satyanarayana Srinivasa Chandra Mouli Gupta, S/o Venkata Subba Rao , Hindu, Business, Age 55 years, resident of Ainapuram, Mummidivaram Mandal, E.G.Dt 533216 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue an appropriate Writ, Order or direction more particularly a Writ in the nature of Mandmus declaring the action of the Respondents More particularly the Respondents 6 to 9 in interefering with the civil disputes and threatning the petitioners with the support of respondents 10 to 16 hand over the subject matter property to the respondents 10 to 16 otherwise they will foisted false cases basing on the false complaints submit, submitted, submitting by the 10 to 12 respondents and their supporters, men and persons, against the petitiners, though the 2nd petitioner is not residing at the village he residing at Pune for his Job purpose and also saying by the 6 to 16 respondents that we will blow your job through these false cases and also making more rowdy hardles on the petitioners and they are threatning the petitioners on every day 'from the dispossession of the land of the petitioners and the respondents 6 to 9 illegally supported the respondents 10 to 12 with the support of the respondents 13 to 16 is illegal, arbitrary and Article 21,19,31 of the Constitution guarantees the life and personal liberty to all personsArticle 300-A, was added to the constitution, which provided that -no person shall be deprived of his property save by authority of law- and also Artcles 12,35 of constitution of India consequently directing the respondents 2 to 8 to take immediate action against the respondents 6 to 9 respondents not to register any false crimes against the petitioners under the guise of the false complaints made, make and making by the 10 to 12 respondents with the help of the 13 to 16 respondents and consequently direct the respondents 6 to 9 if any complaint is made by the respondents 10 to 12 not to register any crime against the petitioners immediately after receiving the complaint without making proper enquiry consequently direct the respondents 2 to 5 to conduct proper enquiry at tooth and nile about the complaints if any of Respondents 10 to 12 and also conducting proper enquiry against the respondents 6 to 9 and take immediate departmental action against them to protect the right to live and right to secure property of the petitioners and pass IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To direct the 6thto 9threspondents not to register any crimes against the petitioners basing on the complaints of 10 to 12 respondents without an enquiry will be made by the 4th and 5th respondents properly to protect the lives of the petitioners pending disposal of the above writ petition and pass Counsel for the Petitioners: BANDA VENKATA SUBRAMANYESWARA RAO Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14180 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….pleased to issue an appropriate Writ, Order or direction more particularly a Writ in the nature of Mandmus declaring the action of the Respondents More particularly the Respondents 6 to 9 in interefering with the civil disputes and threatning the petitioners with the support of respondents 10 to 16 hand over the subject matter property to the respondents 10 to 16 otherwise they will foisted false cases basing on the false complaints submit, submitted, submitting by the 10 to 12 respondents and their supporters, men and persons, against the petitiners, though the 2nd petitioner is not residing at the village he residing at Pune for his Job purpose and also saying by the 6 to 16 respondents that we will blow your job through these false cases and also making more rowdy hardles on the petitioners and they are threatning the petitioners on every day 'from the dispossession of the land of the petitioners and the respondents 6 to 9 illegally supported the respondents 10 to 12 with the support of the respondents 13 to 16 is illegal, arbitrary and Article 21,19,31 of the Constitution guarantees the life and personal liberty to all personsArticle 300-A, was added to the constitution, which provided that -no person shall be deprived of his property save by authority of law- and also Artcles 12,35 of constitution of India consequently directing the respondents 2 to 8 to take immediate action against the respondents 6 to 9 respondents not to register any false crimes against the petitioners under the guise of the false complaints made, make and making by the 10 to 12 respondents with the help of the 13 to 16 respondents and consequently direct the respondents 6 to 9 if any complaint is made by the respondents 10 to 12 not to register any crime against the petitioners immediately after receiving the complaint without making proper enquiry consequently direct the respondents 2 to 5 to conduct proper enquiry at tooth and nile about the complaints if any of Respondents 10 to 12 and also conducting proper enquiry against the respondents 6 to 9 and take immediate departmental action against them to protect the right to live and right to secure property of the petitioners and pass…” 2. Heard Sri B.V.Subrahmanyeswara Rao, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home would submit that counter cases have been registered against the petitioners as well as the unofficial respondents, vide Cr. No.63 of 2018 under Sections 324 and 506 read with 34 IPC of Mummidivaram Police Station dated 12.05.2018, based on the complaint of Borra Subba Rao, the 15th respondent herein; the investigation in the said case has been completed and the matter is pending trial. He would further submit that another case in Cr. No.13 of 2020 under Sections 447, 427, and 506 read with 34 IPC dated 13.01.2020 was registered on the complaint of Borra Venkata Krishna Rao, the petitioner herein, the investigation in which has also been completed and is pending trial. He would also submit that Cr. No.149 of 2021 under Sections 324 and 506 read with 34 IPC dated 04.07.2021 was registered on the complaint of the 10th respondent, Smt. Suryakantham, and the said case is under investigation. The learned Assistant Government Pleader would further submit that the police are not interfering in the civil disputes between the parties. 4. Recording the same, this writ petition is disposed of. However, the police are directed not to interfere in the civil dispute between the parties except under due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated 29.10.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 125 WRIT PETITION NO: 14180 OF 2021 Dated 29.10.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.14180 of 2021 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 29.10.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) _________ Dr.VJP, J KKV