APHC010595762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 31101/2024 Between: 1. CHIMMILIANKAMMA, W/0.RANGAIAH, AGED ABOUT 52 YRS, OCC:CULTIVATION, R/0.GUDAVALLERU, HEMLET OF KONDAPURAM (M), NELIORE (D) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRI SECRETARY, DEPT OF HOME, AMARAVATHI, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, NELLORE DIST, NELLORE, ANDHRA PRADESH 3. STATION HOUSE OFFICER, KONDAPURAM PS, NELIORE DIST. 4. CHIMMILI VENKATAIAH, S/o.PULLAIAH, AGED ABT 60 YRS, OCC:CULTIVATION, R/o.GUDAVALLERU, HEMLET OF KONDAPURAM (M), NELLORE (D) 5. CHIMMILI ADILAKSHMI, W/o.VENKATAIH, AGED ABT NOT KNOWN, OCC:CULTIVATION, R/0 GUDAVALLERU, HEMLET OF KONDAPURAM (M), NELIORE (D) ...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 of Writ of Mandamus declaring the inaction of the Respondent No.3 in taking action against the Respondent No.4 and 5 (those who are trying to grab the share of the Petitioner in Sy.No.216/1 of Gudavalleru, Hemlet of Kondapuram (M), Nellore (D) and scolded, threatened the Petitioner) as illegal, arbitrary, violation of article 21 of Constitution of India Consequently, direct the Respondent No. 1 and 2 to take immediate disciplinary action against the Respondent No. 3 for not taking steps to implement the Judgment/Decree, dated 18.01.2018 passed in OS 269 of 2004 by the Court of the PrI Junior Civil Judge, 2 Kavali by acting upon the representation, dated 03.12.2024 submitted by the Petitioner and pass such Counsel for the Petitioner: 1. DR D V RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, by the Petitioner seeking the following relief: “....to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No.3 in taking action against the Respondent No.4 and 5 (those who are trying to grab the share of the Petitioner in Sy.No.216/1 of Gudavalleru, Hemlet of Kondapuram (M), Nellore (D) and scolded, threatened the Petitioner) as illegal, arbitrary, violation of article 21 of Constitution of India Consequently, direct the Respondent No.1 and 2 to take immediate disciplinary action against the Respondent No. 3 for not taking steps to implement the Judgment/Decree, dated 18.01.2018 passed in OS 269 of 2004 by the Court of the PrI Junior Civil Judge, Kavali by acting upon the representation, dated 03.12.2024 submitted by the Petitioner and pass such...” At the time of hearing, Sri V.Farooq, learned Assistant Government Pleader for Home, placed on record the written instructions dated 31.12.2024. The relevant portion of the written instructions reads as under: “ It is further submitted that the 3rd respondent Police after received the complaint enquired the petitioner and unofficial respondents and came to light that Karanam Anusha who is the daughter of the 5th unofficial respondent herein filed original suit on the file of the Prl. Junior Civil Judge, Kavali, vide OS No.188 of 2024 for grant temporary injunction order against the petitioner herein on the showing of the said 3 dispute land in Sy.No.216/1 in an extent of Ac.O.39 cents out of A.1.58 cents belonging to her share as per the sub registration records Kondapuram Mandal registration office. In this original suit, present stage is the Presiding Officer notified to be call on 30.01.2025 issued summons to the petitioner herein. It is further submitted that, the respondent police have overstepped did not interfered in civil dispute without any specific directions from the civil court. It is humbly submitted that the 3rd respondent Police due to prevent of any onwards incident regarding the civil disputes, on 18.12.2024, the 3rd respondent police prepared a separate requisition upon the complaint of the petitioner herein regarding issue section 145 Cr.P.C. proceeding for further steps in this complaint to the Mandal Executive Magistrate cum Tahsildar, Kondapuram Mandal in which the Mandal Executive Magistrate Cum Tahsildar, Kondapuram enquired into the civil disputed land due to prevention of the crime issued section 145 Cr.P.C. proceedings vide M.C.No.323 /2024 Dt.24.12.2024. It is further submitted that the petitioner herein representation is disposed as it is civil in nature and proceed the due process of law as per the section 145 Cr.P.C. on the file of Mandal Executive Magistrate Cum Tahsildar, Kondapuram Mandal vide MC.323/2024 it is on still stands for enquiry. Learned counsel for the Petitioner would submit that recording the said submission, this Writ Petition may be disposed of. In that view, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stands closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITON No. 31101 of 2024 16.09.2025 Mjl/*