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2025 DAILYLAW 47925 (AP)

GUNDALA JAYA RAMAIAH v. THE STATE OF AP

WP/26844/2025 · 2025-09-25

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010521312025 IN THE HIGH COURT OF ANDHRA PRADESH. AT AMARAVATI v (Special Original Jurisdiction)" FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26844 OF 2025 Si'B x" Between: 1. Gundala igya Ramaiah, S/o.Late Gundala Narasaiah, Aged about 75 years, Occ Agriculture, R/o.Door No.3/11, Jayanamvaripalli Harijanwada, Obulavaripalli Mandal, Annamiah District 2. Gundala Klarsimhulu, S/o.gundala Pedda Narasaiah Occ;Agriculture, Aged about 65 years, Harijanwada, R/o.Door No.3/11, Obulavaripalli Mandal, Annamiah District Jayanamvaripalli 3. G.Srini\)asulu, R/o.Door No.3/11, Jayanamvaripalli Harijanwada, Annamiah District 4. G.Narasimh^, S/o.Srinivasulu R/o.Door N0.3/I1, Jayanamvaripalli Harijanwada, Annamiah District.. S/o.Narasaiah, Aged about 56 years, Occ Agriculture, Obulavaripalli Mandal, Aged about 39 years, Occ Agriculture Obulavaripalli Mandal ...Petitioners AND 1. The St^e of Andhra Pradesh, Rep. by its Principal Secretary of Home .'^Secretariat Buildings, Velagapudi. Guntur District. 2. The Superintendent of Police, Annamayya Disfrict, Rayachoty. 3. The Deputy Superintendent of Police, Rajampet; Annamiah Department District. 4. The Station House Officer, Obulavaripa¥ Police Station, Annamayya District. 5. The Subinspector of Police, Obulavari'palli Police Station, Annamayya District. 6. P Mahesh, Sub-Inspector of Police, Obulavaripalli Police Station Annamayya District. 7^ Bomma Basaviah, S/o.Gangiah, R/o. Jayanamvaripalli Harijanwada, Obulavaripalli Mandal, Annamiah District. / Obulavaripalli v. -'■ ...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 Writ of Mandamus declaring the highhanded in nature of action on the part of the respondent No.5 in interfering with our rights over the land in an extent of Ac.0.70 Cents in Sy.No.19l7/3 each respectively and Ac.0.59 Cents in Sy.No.1917/4 each respectively of Chinnaorampadu Village fields. Obulavaripalli Mandal, Annamiah District and not allowing us to perform our agriculture activities at the instance of respondent No.7 and calling us td the police station and pressurizing us to follow the instnjctions of respondent No.7 and threatening to come to his terms as illegal, arbitrary, , apart from being us under Articles 14, 19, 21 and 300-A of fundamental rights guaranteed to the Constitution of India and consequently direct the respondent No.5 not to interfere with our rights over the land in an extent of Ac.0.70 Cents in Sy.No.1917/3 each respectively and Ac.0.59 Cents in Sy.No.1917/4 each Mandal, respectively of Chinnaorampadu Village fields, Obulavaripalli Annamiah District. ’ ^ lA 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 the respondent No.5 not to interfere with our rights over the land in an extent of Ac.0.70 Cents in Sy.No. 1917/3 each respectively and Ac.0.59 Cents in Sy.No. 1917/4 each respectively of Chinnaorampadu Village fields, Obulavaripalli Mandal, Annamiah District pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI P V N KIRAN KUMAR u Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010521312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) sfei- [3396] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26844/2025 Between: JAVA RAMAIAH, S/0.LATE GUNDALA NARASAIAH, 1.GUNDALA AGED ABOUT 75 YEARS, OCC AGRICULTURE, R/O.DOOR NO.3/11, JAYANAMVARIPALLI HARIJANWADA, OBULAVARIPALLI MANDAL, ANNAMIAH DISTRICT 2.GUNDALA NARSIMHULU, , S/0.GUNDALA PEDDA NARASAIAH, AGED ABOUT 65 YEARS. OCC AGRICULTURE, R/O.DOOR NO.3/11. JAYANAMVARIPALLI HARIJANWADA, OBULAVARIPALLI MANDAL, ANNAMIAH DISTRICT 3.G.SRINIVASULU, , S/0.NARASAIAH, AGED ABOUT 56 YEARS. OCC AGRICULTURE HARIJANWADA, OBULAVARIPALLI MANDAL, ANNAMIAH DISTRICT 4.G.NARASIMHULU,, S/O.SRINIVASULU, AGED ABOUT 39 YEARS, OCC AGRICULTURE, HARIJANWADA, DISTRICT.. JAYANAMVARIPALLI R/O.DOOR NO.3/11, R/O.DOOR NO.3/11. JAYANAMVARIPALLI ANNAMIAH OBULAVARIPALLI MANDAL ...PETITIONER(S) AND REP. BY ITS PRINCIPAL SECRETARY BUILDINGS 1.THE STATE OF AP, DEPARTMENT OF HOME. VELAGAPUDI, GUNTUR DISTRICT. SECRETARIAT SUPERINTENDENT OF POLICE, ANNAMAYYA DISTRICT 2.THE RAYACHOTY. 2 3.THE DEPUTY SUPERINTENDENT OF POLICE, RAJAMPET ANNAMIAH DISTRICT. 4.THE STATION HOUSE OFFICER, OBULAVARIPALLI POLICE STATION, OBULAVARIPALLI, ANNAMAYYA DISTRICT. 5.THE SUBINSPECTOR OF POLICE, OBULAVARIPALLI POLICE STAITION ANNAMAYYA DISTRICT. 6.P MAHESH, SUB-INSPECTOR OF POLICE, OBULAVARIPALLI POLICE STATION, ANNAMAYYA DISTRICT. 7.BOMMA BASAVIAH, , S/O.GANGIAH, R/0. JAYANAMVARIPALLI HARIJANWADA, OBULAVARIPALLI MANDAL, ANNAMIAH DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1.P V N KIRAN KUMAR Counsel for the Respondent(S): 1.GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WP. No. 26844 OF 2025 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India, seeking following relief; “pleased to issue a writ order or direction more particularly one in nature of Writ of Mandamus declaring the highhanded action on the part of the respondent No 5 in interfering with our rights over the land in an extent of Ac 0 70 Cents in Sy No 1917/3 each respectively and Ac 0 59 Cents in Sy No 1917/4 each respectively of Chinnaorampadu Village fields Obulavaripalli Mandal Annamiah District and not allowing us to perform our agriculture activities at the instance of respondent No 7 and calling us to the police station and pressurizing us to follow the instructions of respondent No 7 and threathning to come to his terms as illegal arbitrary apart from being fundamental rights guaranteed to us under Articles 14 19 21 and 300A of the Constitution of India and conseguently direct the respondent No 5 not to interfere with our rights over the land in an extent of Ac 0 70 Cents in Sy No 1917/3 each respectively and Ac 0 59 Cents in Sy No 1917/4 each respectively of Chinnaorampadu Village fields Obulavaripalli Mandal Annamiah District and pass” Heard Sri. PVN Kiran Kumar, learned counsel for the petitioner and Sri. V Farooq, learned Asst. Government Pleader for Home on behalf of the 2. respondents. 3. Learned counsel for the petitioner would submit that the police are obstructing the petitioner from doing agricultural activities at the instance of Respondent No.7 and frequently calling the petitioner to the police station and harassing the petitioner at the behest of the Respondent No.7. 4. Learned Asst. Government Pleader for Home police have not interfered with the agricultural activities did not call the petitioner to the police station. would submit that the of the petitioner and 5. Considering the submissions made, the present petition is disposed of. However, the police are directed not to interfere with the agricultural activities of the petitioner, except following due process of law. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The Principal Secretary, Department of Home, State of Andhra , Guntur District. Pradesh, Secretariat Buildings, Velagapudi 2. The Superintendent of Police, Annamayya District . Rayachoty. 3. The Deputy Superintendent of Police, Rajanipet, Annamiah District. 4. The Station House Officer, Obulavaripalli Police Station, dtriilavaripalli. Annamdyya District. 5. The Sub-Inspector of Police, Obulavaripalli Police Station District. 6. One CC to Sri P V N Kiran Kumar, 7. Two CCs to GP for Honie, 8. Two CD Copies Annamayya Advocate [OPUC] High Court of Andhra Pradesh [OUT] RAM HIGH COURT DATED;26/09/2025 ORDER WP.NO. 26844 OF 2025 DISPOSING OF THE WP WITHOUT COSTS