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2025 DAILYLAW 42315 (AP)

LANKA PRASAD v. THE STATE OF AP

WP/34900/2025 · 2025-12-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010677062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34900/2025 Between: 1. LANKA PRASAD, S/O.KRISHNA AGED ABOUT 47 YEARS, R/O. D.NO. 6-129/1 ADDEPALLI VILLAGE, BHATTIPROLU MANDAL BAPATLA DISTRICT 2. NAGISETTY PAVAN TEJA, S/O MADHUSUDAN RAO AGED ABOUT 31 YEARS R/O.5-9-28, NAGISETTI MADHU ROAD , RAMAKOTIPET REPELLE, GUNTUR 3. BHUPATI LAKSHMI PATI,, S/O. OF SAMBA SIVA RAO. AGED ABOUT 33 YEARS , RESIDENT OF 2-128/2, UPPUDI, GUNTUR 4. BHUPATI HARSHA VARDHAN, S/O. SAMBA SIVA RAO AGED ABOUT 21 YEARS, RESIDENT OF 1-89A, OKSUPETA, GUNTUR ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS VELGAPUDI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, ,BAPATLA DISTRICT 3. THE DEPUTY SUPERINTENDENT OF POLICE, REPALLE, BAPATLA DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, STATION HOUSE OFFICER,BHATTIPROULU POLICE STATION, BAPATLA DISTRICT. 5. BOORLA GIRIDHAR VENKATESWARA GUPTA, S/O. VENKATA NAGA RAMAMOHANARAO,AGED ABOUT 45 YEARS. R/O. D.NO.10-5, BHATTUPROLU VILLAGE AND MANDAL BAPATIA DISTRICT. 6. NAMBURI PRAVEENA, W/O. VAMSI KRISHNA AGED ABOUT 39 YEARS, R/O. PLOT NO. 151, SWAROOR NAGAR, SAGAR ROAD HASTINAPUR CENTRAL, HYDERABAD, TELANAGANA 7. MADDULA ANUSHA, W/O. MRUDUMALLA SUMAN AGED ABOUT 36 YEARS, R/O. D.NO. 21-34, BHATTUPROLU VILLAGE AND MANDAL BAPATLA DISTRICT ...RESPONDENT(S): 2 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 issue writ, order or direction more particularly one in the nature of writ of mandamus, declaring a.the action of respondent no.4 in barging Into the petitioner no.1 agriculture land and trying to grab the same by dispossessing him from the subject property situated at Ac. 0-05 cents in Sy.no. 602/1 Ac. 0-11 cents in Sy.no. 602/2, Ac.0-89 cents in Sy.no. 602/3 , Ac. 1-99 cents in Sy.no. 93/2, Ac. 0-46 cents in Sy.no.92 Ac. 0-28 cents in Sy.no. 601/3 AC. 0-81 cents in Sy.No. 523/3 in Adepalli village, Bhattiprolu pachayat, BapatLa district which is in the peaceful possession of the petitioner b.seizing the paddy stock (18 bags) along with paddy cutting machine without conducting any panchanama c. Summoning the petitioners to respondent no.4 police station and in brutally beating the petitioner by subjecting him to illegal custody before being releasing later And consequently direct respondent no.4 to release the paddy stock (18 bags) along with paddy cutting machine and direct the respondent no.4 to not to interfere with the petitioner no.1 peaceful possession of the subject property and to pass Counsel for the Petitioner(S): 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioners for the following relief: “ ... to issue writ, order or direction more particularly one in the nature of writ of mandamus, declaring a.the action of respondent no.4 in barging Into the petitioner no.1 agriculture land and trying to grab the same by dispossessing him from the subject property situated at Ac. 0-05 cents in Sy.no. 602/1 Ac. 0-11 cents in Sy.no.602/2, Ac.0-89 cents in Sy.no.602/3, Ac.1-99 cents in Sy.no.93/2, Ac.0-46 cents in Sy.no.92 Ac. 0-28 cents in Sy.no. 601/3 Ac.0-81 cents in Sy.No.523/3 in Adepalli village, Bhattiprolu pachayat, BapatLa district which is in the peaceful possession of the petitioner b.seizing the paddy stock (18 bags) along with paddy cutting machine without conducting any panchanama Summoning the petitioners to respondent no.4 police station and in brutally beating the petitioner by subjecting him to illegal custody before being releasing later And consequently direct respondent no.4 to release the paddy stock (18 bags) along with paddy cutting machine and direct the respondent no.4 to not to interfere with the petitioner no.1 peaceful possession of the subject property and to pass ...” Heard learned counsel for the Petitioners and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Perused the material on record. Learned Assistant Government Pleader placed on record written instructions and would submit that respondent Police have not seized the paddy cutting machine and they have not seized 18 bags of paddy, relating to subject crime, respondent Police never interfered in the civil disputes between the parties and requested to dispose of the Writ Petition by passing appropriate orders. 4 Recording the submissions made, this Writ Petition is disposed of. However, Respondent Police are directed to follow due process of law in the subject matter. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 17.12.2025 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 34900 of 2025 17.12.2025 Mjl /*