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APHC010519372025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26778 OF 2025 Between:
1. MUSLIM MAHABUBBASHA, S/o Jinkala Moula Sab, Aged about 39 years, R/o D.No.2/220, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur Dist. 2. Jinkala Sardar Vali,, S/o G.Moula Sab, Aged about 50 years, R/o D.No.3/852, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur Dist. 3. Jikala Neezamvali,, C/o J.Kasimsab, Aged about 52 years, R/o D.No.2/16, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur Dist. 4. Jinkala Kasimvali,, S/o Khaseem D.No.2-265, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur Dist. 5. Gulbarga Kasimvali,, S/o Gulbarga Muwlasab, Aged about 43 years, R/o D.No.2-89, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapu Dist. 6. Jinkala Khlill, , C/o Jinkala Khasim Peera, Aged about 39 years, R/o D.No.2/458, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur Dist. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 26778 OF 2025
1. MUSLIM MAHABUBBASHA, S/o Jinkala Moula Sab, Aged about 39 years, R/o D.No.2/220, Bala Venkatapuram village, Kalyanadurgam Mandal,
2. Jinkala Sardar Vali,, S/o G.Moula Sab, Aged about 50 years, R/o D.No.3/852, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur
3. Jikala Neezamvali,, C/o J.Kasimsab, Aged about 52 years, R/o D.No.2/16, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur Dist. 4. Jinkala Kasimvali,, S/o Khaseem Peera, Aged about 39 years, R/o 265, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur
5. Gulbarga Kasimvali,, S/o Gulbarga Muwlasab, Aged about 43 years, R/o 89, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapu
6. Jinkala Khlill, , C/o Jinkala Khasim Peera, Aged about 39 years, R/o D.No.2/458, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur ...Petitioners IN THE HIGH COURT OF ANDHRA PRADESH
THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. MUSLIM MAHABUBBASHA, S/o Jinkala Moula Sab, Aged about 39 years, R/o D.No.2/220, Bala Venkatapuram village, Kalyanadurgam Mandal,
2. Jinkala Sardar Vali,, S/o G.Moula Sab, Aged about 50 years, R/o D.No.3/852, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur
3. Jikala Neezamvali,, C/o J.Kasimsab, Aged about 52 years, R/o D.No.2/16, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur Dist. Peera, Aged about 39 years, R/o 265, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur
5.
Gulbarga Kasimvali,, S/o Gulbarga Muwlasab, Aged about 43 years, R/o 89, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur
6. Jinkala Khlill, , C/o Jinkala Khasim Peera, Aged about 39 years, R/o D.No.2/458, Bala Venkatapuram village, Kalyanadurgam Mandal, Anantapur ...Petitioners
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AND
1. THE STATE OF AP, Represented by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The Superintendent of Police, Anantapur, Anantapur District. 3. The Station House Officer, Kalyanadurgam Rural P.S, Anantapur Dist. 4. K Hanumantha Reddy, S/o Late Dasangappa, Aged about 59 years,
5. K Anjineyulu, , S/o Late Dasangappa, Aged about 54 years. 6. K Venkataramana, S/o Late Dasangappa, Aged about 52 years. 7. K Bhagyamma, W/o Late krishnaiah. Aged about 49 years, (Respondents 4 to 7 are R/o Kadirampalli village, H/o Thimmasamudram village, Kalyanadurgam Mandal, Anantapur Dist.) ...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 pleased to issue a Writ or Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the 3rd respondent calling the petitioners to the police station in non- related civil dispute in the Sy.No.320 an extent of Ac.45.15 cents situated in Manirevu village, Kalyanadurgam Mandal, Anantapur Dist. and without jurisdiction is illegal, arbitrary and violation of the principles of the natural justice and consequently direct the 3rd respondent not to interfere in civil dispute of the petitioners 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 pleased to direct the 3rd respondent not to interfere in civil dispute of the
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petitioners land in Sy.No.320 an extent of Ac.45.15 cents situated in Manirevu village, Kalyanadurgam Mandal, Anantapur Dist.
and pass Counsel for the Petitioners: M KARIBASAIAH Counsel for the Respondents: GP FOR HOME The Court made the following order:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26778 OF 2025 ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a Writ or Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the 3rd respondent calling the petitioners to the police station in non- related civil dispute in the Sy.No.320 an extent of Ac.45.15 cents situated in Manirevu village, Kalyanadurgam Mandal, Anantapur Dist. and without jurisdiction is illegal, arbitrary and violation of the principles of the natural justice and consequently direct the 3rd respondent not to interfere in civil dispute of the petitioners and pass...…”
2. Heard Sri Karibasaiah, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the official respondents. 03. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home would submit that a case in Cr.No.109 of 2025 for the offences punishable under Sections 115 (2), 118(1), 79 r/w 3(5) BNS Act dated 15.09.2025 was registered against the petitioner, basing on the complaint given by the unofficial respondent by name K.Bhagyamma. 04. Sri Karibasaiah, learned counsel for the petitioner would submit that recording the same, this petition may be disposed of. 05. In view of the submissions made, and taking note of the fact that Crime No.109 of 2025 has already been registered on the complaint of the unofficial respondent, this Court finds no further orders are required in the writ petition. However, it is clarified that the respondent police shall conduct the
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investigation strictly in accordance with law and by following due process, without causing any undue harassment to the petitioners. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 26.09.2025 KKV
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.26778 of 2025
Dated.26.09.2025
KKV