APHC010645422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33547/2025 Between: 1. BELLAMKONDA PAPARAO, S/O CHANDRAIAH, AGED 70 YEARS, OCC. AGRICULTURE, R/O PURUSHOTHAPATNAM VILLAGE, ETAPAKA MANDAL, ALLURI SITARAMA RAJU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI. 3. THE SUPERINTENDENT OF POLICE, ALLURI SITARAMA RAJU DISTRICT. 4. THE ASSISTANT SUPERINTENDENT OF POLICE, CHINTURU DIVISION. 5. SRI KANNAPPARAJU, CIRCLE INSPECTOR OF POLICE, ETAPAKA POLICE STATION. 6. SRI APPALARAJU, SUB-INSPECTOR OF POLICE, ETAPAKA POLICE STATION. ...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 to issue a Writ, Order or Direction more particularly one in the nature 2 of Writ of Mandamus declare the continuous interference, threats, obstruction and illegal actions of respondents 5 and 6 in preventing the petitioner from entering and cultivating his patta land in Sy. Nos. 61/3 and 61/5 of Gundala Village, Etapaka Mandal, as arbitrary, illegal, malafide, without authority of law and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and b) consequently, direct respondent No. 4, the Assistant Superintendent of Police, Chinturu Division, to ensure that the petitioner is permitted to peacefully enter, plough, cultivate and carry out all agricultural operations without any interference from respondents 5 and 6 or any other person and c) further direct respondents 2 to 4 to conduct a detailed departmental enquiry into the misconduct, abuse of power, collusion with accused persons and willful disobedience of this Hon'ble Court's order committed by respondents 5 and 6 and d) direct the concerned authorities to immediately complete and file the charge sheet in FIR No. 72/2022 and pass 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 to direct respondents 5 and 6 not to interfere in any manner with the petitioner’s peaceful possession and agricultural operations in his patta land situated in Sy. Nos. Nos. 61/3 and 61/5 of Gundala Village, Etapaka Mandal, and permit the petitioner to immediately enter, plough and cultivate the said land without obstruction, pending disposal of the writ petition. IA NO: 2 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 to direct respondents 3 and 4 to conduct an independent departmental enquiry into the illegal actions and misconduct of respondents 5 and 6 and to submit a report to this Hon’ble Court within a period of 1 week or such time frame as fixed by this Hon’ble Court, pending disposal of the writ petition. Counsel for the Petitioner: 1. VENKATESWARLU KOLLA Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 33547 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: <…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declare the continuous interference, threats, obstruction and illegal actions of respondents 5 and 6 in preventing the petitioner from entering and cultivating his patta land in Sy.Nos.61/3 and 61/5 of Gundala Village, Etapaka Mandal, as arbitrary, illegal, malafide, without authority of law and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and b) consequently, direct respondent No. 4, the Assistant Superintendent of Police, Chinturu Division, to ensure that the petitioner is permitted to peacefully enter, plough, cultivate and carry out all agricultural operations without any interference from respondents 5 and 6 or any other person and c) further direct respondents 2 to 4 to conduct a detailed departmental enquiry into the misconduct, abuse of power, collusion with accused persons and willful disobedience of this Hon'ble Court's order committed by respondents 5 and 6 and d) direct the concerned authorities to immediately complete and file the charge sheet in FIR No. 72/2022 and pass.…= 2. Heard Sri Venkateswarlu Kolla, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint of the petitioner, a case in Cr.No.72 of 2022 under Sections 447, 427, 506 r/w 34 of IPC on the file of Etapaka P.S., was registered. After due investigation, the case was 4 referred as <false=. He would further submit that the petitioner’s sister filed a suit for partition against the petitioner, which is pending before the competent Civil Court. He would further submit that the police are not interfering in the civil disputes between the parties. 4. Recording the same, this Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the parties except under due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.12.2025. Note: Issue CC today, B/o. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.33547 of 2025 Dated.03.12.2025 Note: Issue CC today, B/o. UPS 23