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2025 DAILYLAW 43056 (AP)

Boya Omkarappa v. The State of Andhra Pradesh,

WP/17446/2021 · 2025-08-12

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010290592021 IN THE HIGH COURT OF ANDHRA PRAD AT AMARAVATI i (Special Original Jurisdiction) I WEDNESDAY, THE THIRTEENTH DAY OF AUG TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17446 OF 2021 Between: 1. Boya Omkarappa, S/o. Pedda Anjaneya, Aged TOyears, Occ- Cultivation, 2. Boya Jayamma, W/o. Omkarappa, Aged 62 years, Occ- Cultivation, Petitioners 1 & 2 are residents of House No.2/92, Hanumapuram Villgae, Peddakabudur Mandal, Kurnool District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Kurnool District at Kurnool. 3. The Inspector of Police, Kocigi Police Station, Kocigi Village and Mandal, Kurnool District. 4. The State House Officer, Peddakabudur Police Station, Peddakabudur Village and Mandal, Kurnool District. 5. Bapuram Ram Mohan Reddy, S/o. Soma Sekhar Reddy, Aged- 40 years, R/o. Peddakabudur Village and Mandal, Kurnool District. 6. K M Sai Baba, S/o. Late K.M.Sree Ramaiah Setty, Aged 56 years, Rio. HBS Colony, Yemmiganur Town, Kurnool District. 7. K M Sreenivasulu Setty, S/o. Late K.M.Sree Ramaiah Setty, Aged 56 years, R/o. MBS Colony, Yemmiganur Town, Kurnool District. ...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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly 4th respondent at the instance of respondents 5 to 7 in repeatedly insisting the petitioners to appear before the 4**^ respondent police station and insisting them to vacate from their agricultural lands of Ac.3.34 Cents in Survey N0.I2I6A situated in H.Muravani Village of Peddakabudur Mandal of Kurnool District by settling the civil disputes and yield to the demands of respondents 5 to 7, as illegal, irregular, irrational, without any authority of law and volative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners' life, personal liberty and said property lA 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 4^*^ respondent not to insist petitioners to appear before his authority nor insist them to vacate from their agricultural lands of Ac.3.34 Cents in Survey N0.12I6A situated in H.Muravani Village of Peddakabudur Mandal of Kurnool District, pending disposal of the main Writ Petition lA NO: 1 OF 2025 Between: Bapuram Ram Mohan Reddy, S/o. Soma Sekhar Reddy, Aged- 40 years, R/o. Peddakabudur Village and Mandal, Kurnool District. ...Petitioner/R5 14 AND 1. Sri Boya Omkarappa, S/o. Pedda Anjaneya, Aged 70years, Occ- Cultivation, 2. Smt. Boya Jayamma, W/o. Omkarappa, Aged 62 years, Occ- Cultivation, Petitioners 1 & 2 are residents of House No.2/92, Hanumapuram Villgae, Peddakabudur Mandal, Kurnool District. ...Respondents/Writ Petitioners 3. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. 4. The Superintendent of Police, Kurnool District at Kurnool. 5. The Inspector of Police, Kocigi Police Station, Kocigi Village and Mandal, Kurnool District. 6. The State House Officer, Peddakabudur Police Station, Peddakabudur Village and Mandal, Kurnool District. 7. K M Sai Baba, S/o. Late K.M.Sree Ramaiah Setty, Aged 56 years, Rio. HBS Colony, Yemmiganur Town, Kurnool District. 8. K M Sreenivasulu Setty, S/o. Late K.M.Sree Ramaiah Setty, Aged 56 years, R/o. HBS Colony, Yemmiganur Town, Kurnool District ... Respondent/Respondents Petition under Section 1’51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 18-08-2021 in I.A.No. 1 of 2021 in W.P.No. 17446 of 2021 to meet ends of justice Counsel for the Petitioners: SRI V.N.V.SURYA DATTU Counsel for the Respondents No.1 to 4: GP FOR HOME Counsel for the Respondent No.5: SRI BUTTA VIJAYA BHASKER The Court made the following order: APHC010290592021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17446/2021 Between: 1.BOYA OMKARAPPA, , S/0. PEDDA ANJANEYA, AGED 70YEARS OCC- CULTIVATION, 2.BOYA JAYAMMA,, W/0. OMKARAPPA, AGED 62 YEARS, OCC- PETITIONERS 1 AND 2 ARE RESIDENTS OF CULTIVATION, HOUSE NO.2/92, HANUMAPURAM VILLGAE, PEDDAKABUDUR MANDAL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, , KURNOOL DISTRICT AT KURNOOL. 3.THE INSPECTOR OF POLICE, KOCIGI POLICE STATION, KOCIGI VILLAGE AND MANDAL, KURNOOL DISTRICT. 4.THE STATE HOUSE OFFICER, PEDDAKABUDUR POLICE STATION, PEDDAKABUDUR VILLAGE AND MANDAL, KURNOOL DISTRICT. 5.BAPURAM RAM MOHAN REDDY, S/0. SOMA SEKHAR REDDY, AGED- 40 YEARS, R/0. PEDDAKABUDUR VILLAGE AND MANDAL, KURNOOL DISTRICT. 6.K M SAI BABA, , S/0. LATE K.M.SREE RAMAIAH SETTY, AGED 56 2 # YEARS, RIO. MBS COLONY, YEMMIGANUR TOWN, KURNOOL DISTRICT. 7.K M SREENIVASULU SETTY, , S/0. LATE K.M.SREE RAMAIAH SETTY, AGED 56 YEARS, R/0. MBS COLONY, YEMMIGANUR TOWN, KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.V.N.V.SURYADATTU Counsel for the Respondent(S); 1.GP FOR HOME 2.BUTTA VIJAYA BHASKER 3 € The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly 4th respondent at the instance of respondents 5 to 7 in repeatedly insisting the petitioners to appear before the 4threspondent police station and insisting them to vacate from their agricultural lands of Ac.3.34 Cents in Survey No.1216A situated in H.Muravani Village of Peddakabudur Mandal of Kurnool District by settling the civil disputes and yield to the demands of respondents 5 to 7, as illegal, irregular, irrational, without any authority of law and volative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners' life, personal liberty and said property ” None represented for the petitioner. Sri V.Farook, learned Assistant Government Pleader for Home would submit the police are not calling the petitioner to the police station since the matter is a civil in nature. 2. 3. 4. Sri B.Vijay Bhasker, learned counsel for the respondent No.5 would submit that respondent No.5 filed a suit in O.S.No.202 of 2021 and obtained ad interim injunction which has been extended from time to time. Recording the same, this writ petition is disposed of. However, the police are directed not to interfere in the civil disputes. There shall be no order as to costs. 5. / 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/-G.HELANAIDU ASSISTANT REGISTRAR //TRUE COPY// SECA OFFICER The Principal Secretary to Government, State of Andhra Pradesh, Home Department, Seqretariat, Velagapudi, Amaravati, Guntur District. The Superintendent of Police, Kurnool District at Kurnool. The Inspector of Police, Kocigi Police Station, Kocigi Village and Mandal, Kurnool District. The State House Officer, Peddakabudur Police Station, Peddakabudur Village and Mandal, Kurnool District. One CC to SRI V.N.V.SURYA DATTU Advocate [OPUC] Two CCS to GP FOR HOME High Court of Andhra Pradesh [OUT] One CC to SRI BUTTA VIJAYA BHASKER Advocate [OPUC] Two CD Copies ^ gsg. To 1. 2. 3. 4. 5. 6. 7. 8. HIGH COURT DATED: 13/08/2025 ORDER WP NO. 17446 OF 2021 I 1)7 OCT m a Current Section^ DISPOSING THE WP WITHOUT COSTS