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2025 DAILYLAW 49839 (AP)

POSANI VENKATESWARLU v. THE STATE OF AP

WP/34733/2025 · 2025-12-14

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010673052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34733/2025 Between: 1. POSANI VENKATESWARLU, S/O. GALAIAH, AGED 62 YEARS, OCC RETIRED SI, R/O.D.NO.1-153,NEAR BUS STAND, MARKAPURTOWN MARKAPUR, PRAKASAM DISTRICT. 2. 2. KAYAKAKULA VELUGONDAMMA,, W/O. ESHWARAIAH, AGED 64 YEARS, OCC HOUSE WIFE, R/O. MALYAVANTHUNIPADU VILLAGE, MARKAPUR MANDAL PRAKASAM DISTRICT. 3. 3. ELLURI BHUPAL REDDY,, S/O. PULLA REDDY, AGED 49 YEARS, OCC EX-SERVICEMEN, R/O.D.NO.9-23-98, GIDDALURU TOWN, GIDDALURU MUNICIPALITY, PRAKASAM DISTRICT. 4. 4. CHIKKUDU SRINIVASULU,, S/O. VENKATAYYA, AGED 44 YEARS, OCC EMPLOYEE, R/O. D.N0.12-112A, PALUGUNTIPALLI VILLAGE, ANUMULAPALLI POST, RACHARLA MANDAL, PRAKASAM DISTRICT. 5. CHAGANI VENKATESWARA REDDY, /O. CHALAMA REDDY AGE 54 YEARS, OCC EX-SERVICEMEN, R/O. BESTHAVARIPETA VILLAGE AND POST, BESTHAVARIPETA MANDAL, PRAKASAM DISTRICT. 6 6. . MOTLA VENKATESWARA REDDY,, S/O. SEKHAR REDDY, AGED 45 YEARS, OCC EX- SERVICEMEN, R/O.D.NO.5-12-118/10, KONGALAVEEDU ROAD, GIDDALURU TOWN, GIDDALURU MUNICIPALITY, PRAKASAM DISTRICT. 7. 7. BORRA KALPANA DEVI,, W/O. TIRUPALA REDDY, AGED 37 YEARS, OCC HOME MAKER, R/O. KRISHNAMSETTIPALLI VILLAGE, GIDDALURU MANDAL PRAKASAM DISTRIC 8. GUNDU VENKATA RAMANA REDDY, S/O. VENKAT REDDY, AGED 57 YEARS, OCC EX-SERVICEMEN, R/O.D.NO.8-23/4/1, BALAJI NAGAR, J.J.NAGAR POST, SHAMEERPET MANDAL, HYDERABAD, RANAGAREDDY DISTRICT TELANGANA. ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. 2. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE. 3. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE. 4. 2 4. THE SUBINSPECTOR OF POLICE, MARKAPURAM TOWN POLICE STATION MARKAPURAM, PRAKASAM DISTRICT 5. THE CIRCLE INSPECTOR OF POLICE, MARKAPURAM TOWN POLICE STATION MARKAPURAM, PRAKASAM DISTRICT. 6 6. THE STATION HOUSE OFFICER, MARKAPURAM TOWN POLICE STATION MARKAPURAM, PRAKASAM DISTRICT. 7. 7. GUDA RAM MOHAN, S/O. VENKATESWARA RAO, R/O. LAKSHMIPURAM VILLAGE AND POST, RAJUPALEM CHEEMAKURTY MANDAL, PRAKASAM DISTRICT. 8. 8. MADDELA SITA RAMAIAH, S/O. SUBBARAYDU, R/O. 10TH WARD, MARKAPURAM TOWN, MARKAPURAM, PRAKASAM DISTRICT. 9. 9. KANDULA POTTI RAMI REDDY, S/O. NARAYANA REDDY, R/O. 10THWARD, MARKAPURAM TOWN, MARKAPURAM, PRAKASAM DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, more particularly respondent No. 4 to 6 at the instance of respondent 7 to 10 in coercing petitioners to vacate their site properties admeasuring an extent of 377.22 Sq. Yards, 208.88 Sq. Yards, 556 Sq. Yards, 686.5 Sq. Yards, 277.7 Sq. Yards, 160 Sq. Yards, 167.2 Sq. Yards and 222.2 Sq. Yards respectively covered by Sy.No.3/2, 4/2, 4/3, 30 and 32 situated at Narasimhapuram Revenue Village of Markapuram Mandal in Prakasam District, in order to deliver the same to respondent No.7, as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents particularly respondent No. 4 to 6 not to interfere in any manner with petitioner possession of the said property” 2. Ms.Nimmagadda Revathi, learned counsel for the petitioners and Sri Ajay Babu, learned Assistant Government Pleader for Home. 3 3. Learned Assistant Government Pleader for Home, would submit that, based on the complaint made by respondent No.7, a case in Crime No.322 of 2023 has been registered against the petitioners for the offences punishable under Sections 420, 341 and 506 read with 34 IPC. 4. Recording the said submissions, the Writ Petition is disposed of. However, the police are directed to follow due process of law regarding the crime which is registered against the petitioners. 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:15.12.2025 Asr 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.34733 of 2025 Dt.15.12.2025 Asr