Mundlamuri Radha Krishna Murthy, v. The State of Andhra Pradesh
WP/26058/2025 · 2025-09-23
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47371 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47371 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010499502025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26058/2025 Between:
1. MUNDLAMURI RADHA KRISHNA MURTHY,, S/O PITCHAIAH, AGED 70 YEARS, R/O D.NO.3-50,
MUNDLAMURI VARI PALEM, CHERUKUR POST, PONNALURU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. THROUGH ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE. 3. THE STATION HOUSE OFFICER, PONNALURU POLICE STATION, PRAKASAM DISTRICT. 4. MUNDLAMURI VARI PALEM GRAM PANCHAYAT, REP. BY ITS SECRETARY, MUNDLAMURI VARI PALEM PONNALUR MANDAL, PRAKASAM DISTRICT
5. MUNDLAMURI RAMANAIAH, S/O. NARAYANA, AGE ABOUT 50 YEARS, R/O. MUNDIA MURI VARI PALEM PONNALUR MANDAL, PRAKASAM DISTRICT
6. MUNDLAMURI PRASAD, S/O. VENKATESWARLU, AGED ABOUT 35 YEARS, MUNDIA MURI VARI PALEM PONNALUR MANDAL, PRAKASAM DISTRICT
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7. MUNDLAMURI SRINIVASULU, S/O.VENKATESWARLU, AGED ABOUT 30 YEARS, MUNDIA MURI VARI PALEM, PONNALUR MANDAL, PRAKASAM DISTRICT
8. GOPINENI VENKATESWARLU, S/O.PEDA NARASIMHULU AGED ABOUT 39 YEARS, MUNDIA MURI VARI PALEM, PONNALUR MANDAL, PRAKASAM DISTRICT
9.
GOPINENI SRINU, S/O. PEDA NARSIMHULU, AGED ABOUT 41 YEARS, MUNDIA MURI VARI PALEM, PONNALUR MANDAL, PRAKASAM DISTRICT
...RESPONDENT(S): 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents particularly the 3rd respondent in interfering with the civil dispute with regard to highhanded action of 4th respondent in contemplating to dispossess the petitioner by demolishing RCC Building, Tobacco Barren and other existing structures covered by Door Number 3-50, Survey No.1251-2, Mundlamuri Vari Palem, Ponnaluru Mandal, Prakasam District by misusing his official capacity as Station Flouse Office/Sub-inspector of Police, in calling the petitioner to the police station and in threatening him with dire consequences of implicating him and his family members in false criminal cases at the instance and influence of respondents 5 to 9 herein, without considering the Orders of this Hon'ble Court in WP.No.20141 of 2025 dated 31.07.2025 as illegal, arbitrary, unjust, discriminatory, without jurisdiction and also in violation of the principles of Natural Justice and to consequently direct the respondents particularly the 3 respondent not to interfere in the dispute with regard to the above subject rd property, not to call the petitioner to police station, not to threaten the petitioner in any manner IA NO: 1 OF 2025 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 pleased to direct the respondents particularly the 3rd respondent not to interfere with the civil dispute with regard to highhanded action of 4th respondent in contemplating to dispossess the petitioner by demolishing RCC Building, Tobacco Barren and other existing structures covered by Door Number 3-50, Survey No. 1251-2, Mundlamuri Vari Palem, Ponnaluru
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Mandal, Prakasam District by misusing his official capacity as Station House Office/Sub-Inspector of Police, not to call the petitioner to the police station and not to threaten him with dire consequences of implicating him and his family members in false criminal cases, during the pendency of the Writ Petition, in the interest of justice, Counsel for the Petitioner:
1.
K JYOTHI PRASAD Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
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ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“....to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents particularly the 3rd respondent in interfering with the civil dispute with regard to highhanded action of 4th respondent in contemplating to dispossess the petitioner by demolishing RCC Building Tobacco Barren and other existing structures covered by Door Number 3-50, Survey No.1251-2, Mundlamuri Vari Palem, Ponnaluru Mandal, Prakasam District by misusing his official capacity as Station House Office/Sub-Inspector of Police in calling the petitioner to the police station and in threatening him with dire consequences of implicating him and his family members in false criminal cases at the instance and influence of respondents 5 to 9 herein without considering the Orders of this Hon’ble Court in WP.No.20141 of 2025 dated 31.07.2025 as illegal, arbitrary, unjust, discriminatory, without jurisdiction and also in violation of the principles of Natural Justice and to consequently direct the respondents particularly the 3rd respondent not to interfere in the dispute with regard to the above subject property not to call the petitioner to police station not to threaten the petitioner in any manner…”
2. Heard Sri K.Joyithi Prasad, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that the petitioner is not an accused in any crime and that the Police are frequently calling the petitioner to the Police Station and interfering in a civil dispute.
4.
Learned counsel for the petitioner further would submit that earlier also they have filed Writ Petition and obtained an order from the Court against the Revenue and Panchayat authorities not to dispossess the petitioner without following due process of law. But suddenly, the Police are calling the petitioner and harassing him.
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5. Learned Assistant Government Pleader would submit that the Court may pass appropriate orders.
6. In that view of the matter, the Writ Petition is disposed of directing the Police not to interfere in the civil dispute except under due process of law. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:24.09.2025 JLV
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.26058 of 2025
Dt.24.09.2025
JLV