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2025 DAILYLAW 49270 (AP)

NEMALA RAJESH v. THE STATE OF ANDHRA PRADESH

WP/14042/2023 · 2025-12-09

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010275502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14042/2023 Between: 1. NEMALA RAJESH, , S/O. SATYANARAYANA, HINDU, MALE, AGED 36 YEARS, R/O. YERRAMILLIPADU VILLAGE, UNGUTURU MANDAL, ELURU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, , PALNADU DISTRICT, GUNTUR. 3. THE STATION HOUSE OFFICER, , CHILAKALURUPETA POLICE STATION, CHILAKALURUPETA GUNTUR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14042 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.3 in interfering into personal life, liberty, also entering into civil disputes and insisting to execute the documents pertaining to the petitioner's land in an extent of Ac.2.00 cents in R.S.No.232/2 of Gunnampelli Village of Dwaraka Tirumala Mandal, Eluru District, which is Document No.784 of 2022 on the file of Sub-registrar, Beemadolu as illegal, irregular, arbitrary, violative of the provisions of the Criminal Procedure Code and also offends Articles 14, 21 and 300-A of the Constitution of India and consequently direct the police officials/3rd Respondent not to insist for execution of any documents pertaining to land Ac.2.00 cents in R.S.No.232/2 of Gunnampelli Village of Dwaraka Tirumala Mandal, Eluru District in favour of 3rd parties.…= 2. Heard Sri Mangena Sree Rama Rao, learned counsel for the petitioner and Sri P.Ajay Babu, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the respondent- police are interfering into civil disputes and insisting the petitioner to execute the documents pertaining to the petitioner’s land in favour of the 3rd parties. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint of one Gonuguntla Leela Krishna Murthy, a case in Cr.No.56 of 2023 was registered for the 3 offences punishable under Sections 420 r/w 34 of IPC against one Uppalapati Bhargav and Tummeti Siva. During the course of investigation, the Accused No.1 therein confessed that he mortgaged his land to the petitioner herein. Basing on the said confession, the petitioner was called to the police station to verify the same and found that the petitioner has purchased the subject land from the Accused No.1. But the police never interfered into the personal life, liberty of the petitioner and not interfered in the civil disputes between the parties. 5. 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. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.12.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No. 14042 of 2023 Dated.10.12.2025 UPS 212