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2025 DAILYLAW 46036 (AP)

AAVUGADDA MUSALINAIDU v. The State of Andhra Pradesh

WP/13428/2022 · 2025-11-18

Venkata Jyothirmai Pratapa

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Judgment text

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Dr.VJP,J W.P.No.13428 of 2022 APHC010224842022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13428 OF 2022 Between: 1. AAVUGADDA MUSALINAIDU, S/o Pedda Devudu, Aged 60 years, R/o. Kakarapadu Village, Kakarapadu post, Koyyuru Mandal, Cheedipalem, Visakhapatnam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, (Home), Secretariat, Velagapudi, Amaravathi. 2. The Superintendent of Police, Visakhapatnam, Visakhapatnam District. 3. The Station House Officer, Koyyuru Mandal, Visakhapatnam District. 4. The Tahsildar, Koyyuru Mandal, Koyyuru, Visakhapatnam District. 5. Kolikala Kannababu Kannayya, S/o Bheema Raju, Aged. Major, R/o. Kakarapadu Village, Kakarapadu post, Koyyuru Mandal, Cheedipalem, Visakhapatnam 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 topleased to issue a Writ, Order or direction more particularly one in Dr.VJP,J W.P.No.13428 of 2022 the nature of Writ of Mandamus declare the action of respondents no.3 AND 4 in trying to dispossess the petitioner from residential house (Thatched Hut) in an extent of 435 Sq. Yards and vacant land at Door no.4-19, Cheedipalem Village, Koyyuru Mandal, Visakhapatnam District on complaint made by the Respondent no-5 as illegal, arbitrary and lack of jurisdiction and violation of Art. 14 and 21 of Constitution of India and consequently direct the Respondent no 3 and 4 not to interfere and dispossess the petitioner from the residential house (Thatched Hut) in an extent of 435 Sq. Yards and vecant land at Door no.4-19, Cheedipalem Village, Koyyuru Mande, Visakhapatnam District and pass Counsel for the Petitioner: T D PANI KUMAR Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE Dr.VJP,J W.P.No.13428 of 2022 The Court made the following ORDER: 1. This Writ Petition is filed with the following prayer: <…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of respondents no.3 AND 4 in trying to dispossess the petitioner from residential house (Thatched Hut) in an extent of 435 Sq. Yards and vacant land at Door no.4-19, Cheedipalem Village, Koyyuru Mandal, Visakhapatnam District on complaint made by the Respondent no-5 as illegal, arbitrary and lack of jurisdiction and violation of Art. 14 and 21 of Constitution of India and consequently direct the Respondent no 3 and 4 not to interfere and dispossess the petitioner from the residential house (Thatched Hut) in an extent of 435 Sq. Yards and vecant land at Door no.4-19, Cheedipalem Village, Koyyuru Mande, Visakhapatnam District ..= 2. Heard Sri T.D.Phani Kumar, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for respondents. 3. Learned counsel for the petitioner would submit that police are interfering in the civil dispute between the parties. 4. Learned Assistant Government Pleader for Home would submit that police are not interfering in the civil dispute between the parties. 5. Recording the same, the writ petition is disposed of. However, police are directed not to interfere in the civil dispute, except under due process of law. Dr.VJP,J W.P.No.13428 of 2022 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.11.2025 Dvs Dr.VJP,J W.P.No.13428 of 2022 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 179 WRIT PETITION NO: 13428 OF 2022 Date: 19.11.2025 Dvs