APHC010037032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2130/2025 Between: Sanikommu Vijayalakshmi and Others ...PETITIONER(S) AND The State of AP and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 O R D E R: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “…..to issue a writ or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Police Authorities in interfering in civil disputes and the petitioners peaceful possession and enjoyment of their properties in the 1stpetitioner’s agricultural land in R.S.No. 687-2/1A to an extent of Ac.2-87 cents, R.S.No.687-2/2A to an extent of Ac.0-03 cents total to an extent of Ac.2-90 cents and 3rd Petitioner’s agricultural lands in R.S.No.687-18/A to an extent of Ac.2-56 cents, R.S.No.687- 18/2A to an extent of Ac.0-50 cents total to an extent of Ac.3-06 cents situated at Paluvayi Village, Rentachintala Mandal, Palnadu District and harassing and confining the petitioners in the police station by saying that they will foist false cases against them as illegal and unconstitutional and violation of Articles 14, 21 and 300- A of the Constitution of India apart from violation of Principles of Natural Justice and consequently direct the respondents not to interfere with the 1stPetitioner’s peaceful possession and enjoyment of their property in R.S.No.687-2/1A to an extent of Ac.2-87 cents, R.S.No.687-2/2A to an extent of Ac.0-03 cents total to an extent of Ac.2-90 cents and 3rdPetitioner’s agricultural lands in R.S.No.687-18/A to an extent of Ac.2-56 cents, R.S.No.687- 18/2A to an extent of Ac.0-50 cents total to an extent of Ac.3-06 cents situated at Paluvayi Village, Rentachintala Mandal, Palnadu District by any manner and pass…..” 2. Heard Mr.Rambabu Koppineedi, learned counsel for the petitioners and learned Assistant Government Pleader for Home. 3. The case of the petitioners is that the 2nd petitioner is the husband of the 1st petitioner and the 3rd petitioner is the mother of 3 the 1st petitioner. The 1st petitioner is the absolute owner and possessor of agricultural land to an extent of Ac.2.87 cents in R.S.No.687-2/1A and to an extent of Ac.0.03 cents in R.S.No.687-2/2A total extent of Ac.2.90 cents, situated at Paluvayi Village, Rentachintala Mandal, Palnadu District, by virtue of a registered settlement deed vide Doc.No.127/2019, dated 18.01.2019, executed in her favour by her mother i.e., the 3rd petitioner, who acquired the properties towards Pasupu- Kumkuma at the time of her marriage. Since then, the 1st petitioner has been in peaceful possession and enjoyment of the said property without any hindrance from anybody or any corner. The revenue authorities also mutated the 1st petitioner’s name in revenue records of adangal, 1-B register and also issued pattadar passbook. 4. While the matter stood thus, the 1st petitioner and her daughter by name Sanikommu Anusha received notice vide R.C.No.1060/2022-C, dated 28.10.2022 from the Revenue Divisional Officer, Gurazala, Palnadu District stating that the 8th respondent made a complaint under Spandana grievance cell claiming the subject property as her property. Then, the 1st petitioner and her daughter filed W.P.No.38230 of 2022 before 4 this Court challenging the said notice issued under Section 5(5) of ROR Act and this Court granted an interim order on 02.01.2023 and later the Writ Petition was disposed of on 12.12.2024, setting aside the notice dated 28.10.2022. 5. Thereafter, the 1st petitioner and 3rd petitioner again received similar notice vide R.C.No.1061/2022-C, dated 28.11.2022 from the Revenue Divisional Officer, Gurazala, Palnadu District stating that the 6th respondent made a complaint under Spandana grievance cell against them. Then, the 1st petitioner and her mother filed W.P.No.39520 of 2022 before this Court challenging the said notice issued under Section 5(5) of ROR Act and this Court again granted an interim order on 07.12.2022 and the said Writ Petition is pending adjudication. 6. While the matter stood thus, the staff of respondent Nos.4 and 5 - police authorities started coming to the petitioners house and also called them to Police Station and threatened them to vacate from their property, at the instance of the unofficial respondents. As such, the petitioners made a representation to the police authorities on 20.01.2025 but they did not take any action on that representation. Then, the petitioners approached this Court by way of this Writ Petition. 5 7. Today when the matter came up for hearing, learned Assistant Government Pleader for Home furnished a copy of instructions of the Sub-Inspector of Police, Rentachintala Police Station, Palnadu District, dated 27.01.2025, wherein it is stated that the 7th respondent herein has lodged a complaint before the 5th respondent on 24.01.2025 at 2.00 P.M. alleging that the petitioners herein created fake documents in order to grab the land of the 7th respondent herein. On which, the 5th respondent has registered a case vide Crime No.7 of 2025 under Sections 318(4), 338, 336(3), 340(2) r/w 3(5) BNS of Rentachintala Police Station, against the petitioner and four others on 24.01.2025 at 6.30 P.M. and the said case is under investigation. 8. It is further stated that the 5th respondent never threatened and never confined the petitioners, except registering and investigating the said crime, and only with a view to prevent the police from proceeding further in the above crime, the petitioners filed the present writ petition. 9. In view of the above instructions, this Court deems it appropriate to dispose of the writ petition, at the stage of admission by directing the respondents not to call the petitioners 6 to Police Station until and unless it is necessary during the course of investigation. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this petition, shall stand closed. __________________ JUSTICE V.SUJATHA 31.01.2025 Pmk 7 136 THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No:2130 OF 2025 Date:31.01.2025 Pmk