APHC010549952025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. KUNAM NARASIMHA REDDY, S/o. Ramana Reddy, Aged about 60 years, R/o. Baddipudi Village, Ulavapadu Mandal, S.P.S.R. Nellore District. 1. THE STATE OF ANDHRA PRADESH, rep., by its Principal Secretary Home Department, Secretariat Buildings, Velgapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Nellore, S.P.S.R Nellore District. 3. The Station House Officer, Kandukur P.S, Ulavapadu Mandal, S.P.S.R Nellore District. 4. The Sub Inspector of Police, Ulavapadu P.S, Ulavapadu Mandal, Y.S.R District. 5. Kunam Brahmananda Reddy, S/o. Krishna Reddy Aged about 61 years. Occupation. cultivation, R/o. Flat NO.504 and 505, Door No. 58 Sri Sai Towers, Near SBI Main Branch, Santhapeta, On District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28796 OF 2025 1. KUNAM NARASIMHA REDDY, S/o. Ramana Reddy, Aged about 60 years, R/o. Baddipudi Village, Ulavapadu Mandal, S.P.S.R. Nellore District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, rep., by its Principal Secretary epartment, Secretariat Buildings, Velgapudi, Amaravathi, Guntur 2. The Superintendent of Police, Nellore, S.P.S.R Nellore District. 3. The Station House Officer, Kandukur P.S, Ulavapadu Mandal, S.P.S.R Police, Ulavapadu P.S, Ulavapadu Mandal, Y.S.R 5. Kunam Brahmananda Reddy, S/o. Krishna Reddy Aged about 61 years. Occupation. cultivation, R/o. Flat NO.504 and 505, Door No. 58 Sri Sai Towers, Near SBI Main Branch, Santhapeta, Ongole. Prakasam ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KUNAM NARASIMHA REDDY, S/o. Ramana Reddy, Aged about 60 years, R/o. Baddipudi Village, Ulavapadu Mandal, S.P.S.R. Nellore District. ...Petitioner 1. THE STATE OF ANDHRA PRADESH, rep., by its Principal Secretary epartment, Secretariat Buildings, Velgapudi, Amaravathi, Guntur 3. The Station House Officer, Kandukur P.S, Ulavapadu Mandal, S.P.S.R Police, Ulavapadu P.S, Ulavapadu Mandal, Y.S.R 5. Kunam Brahmananda Reddy, S/o. Krishna Reddy Aged about 61 years. Occupation. cultivation, R/o. Flat NO.504 and 505, Door No. 58-11-16-1-2, gole. Prakasam ...Respondents 2 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 pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 and 4 in interfering with my rights by directing me not to enter into the land in an extent of Ac.3.78 cents out of Ac.6.50 cents in Sy.No.174 of Baddipudi Village, Ulavapadu Mandal, S.P.S.R. Nellore District, eventhough there is a Permanent injunction, dated 22.11.2024 in favour of me in I.A.No.962 of 2024 in O.S.No.778 of 2024 in the Court of the Hon'ble Principal Junior Civil Judge, Kandukur, as arbitrary, illegally, colourable exercise of power and contrary to the well established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with my rights over the land in an extent of Ac.3.78 cents out of Ac.6.50 cents in Sy.No.174 of Baddipudi Village, Ulavapadu Mandal, S.P.S.R. Nellore District 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 leased to direct the respondents No.3 and 4 not to interfere with my rights over the land in an extent of Ac.3.78 cents out of Ac.6.50 cents in Sy.No.174 of Baddipudi Village, Ulavapadu Mandal, S.P.S.R. Nellore District, without adhering to due process of law, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: N.RUPESWAR REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28796 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 and 4 in interfering with my rights by directing me not to enter into the land in an extent of Ac.3.78 cents out of Ac.6.50 cents in Sy.No.174 of Baddipudi Village, Ulavapadu Mandal, S.P.S.R. Nellore District, eventhough there is a Permanent injunction, dated 22.11.2024 in favour of me in I.A.No.962 of 2024 in O.S.No.778 of 2024 in the Court of the Hon'ble Principal Junior Civil Judge, Kandukur, as arbitrary, illegally, colourable exercise of power and contrary to the well established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to me under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with my rights over the land in an extent of Ac.3.78 cents out of Ac.6.50 cents in Sy.No.174 of Baddipudi Village, Ulavapadu Mandal, S.P.S.R. Nellore District and pass…” 2. Heard Sri N.Rupeswar Reddy, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, the learned Assistant Government Pleader on written instructions would submit that, respondent No.5 herein was obtained injunction order in O.S.No.410 of 2023 against the petitioner and others from entering his land. The petitioner also filed O.S.No.778 of 2024 on the file of Principal Junior Civil Judge, Kandukur and obtained injunction order. The existence of two conflicting injunction orders is 4 a root cause of confusion and dispute. Learned Assistant Government Pleader would further submit that police never interfered in the civil dispute between the parties. The police acted purely to maintain law and order and to avoid escalation of violence between both parties. Learned Assistant Government Pleader would further submit that both the petitioner and respondent No.5 can go for measurement of land and demark it to avoid any other dispute. Learned Assistant Government Pleader would further submit that on the complaint made by respondent No.5 crime is registered against the petitioner in Cr.No.136 of 2024 under Section 329 (3), 303(2), 351(2) r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS) was registered on 09.10.2024. 4. The learned counsel for the petitioner would submit that the Court may pass appropriate orders. 5. Regarding the said submissions, the writ petition is disposed of. However, police are directed to follow due process of law regarding the crime which is registered against the petitioner. Both parties work out their remedies before the competent Court. 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:17.10.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 224 W.P.No.28796 of 2025 Dt.17.10.2025 KKV