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2025 DAILYLAW 50279 (AP)

AKULA GANDHARAVA KRISHNA v. THE STATE OF ANDHRA PRADESH

WP/32476/2025 · 2025-11-24

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010629142025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32476 OF 2025 Between: 1. AKULA GANDHARAVA KRISHNA, S/o. A. Girish Kanna, aged about 25 years, R/o. Door No. 14/1, Lakshmiparadise Cinema Theatre Upstairs, RIy.Kodur, Annamayya District. Represented by his mother and GPA Holder Akula Vanaja . 1. THE STATE OF ANDHRA PRADESH, Home Department, Represented by its Principal Secretary, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Deputy Inspector General of Police, Kurnool Range, Kurnool 3. The Superintendent of Police, Annamayya District. 4. The Deputy Superintendent of Police, Annamayya District 5. The Station House Officer S H O, Railway Kodur Police Station, Annamayya District. 6. The Sub Inspector, Railway Kodur Police Station Annamayya District. 7. Patnam Chandrasekhar, S/o. Late P. Eswaraiah, aged about 60 years R/o. Yeguvareddy Palli, Pullampeta Mandal, Annamayya District. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 32476 OF 2025 1. AKULA GANDHARAVA KRISHNA, S/o. A. Girish Kanna, aged about 25 years, R/o. Door No. 14/1, Lakshmiparadise Cinema Theatre Upstairs, RIy.Kodur, Annamayya District. Represented by his mother and GPA Holder ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Home Department, Represented by its Principal Secretary, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Deputy Inspector General of Police, Kurnool Range, Kurnool ndent of Police, Annamayya District. 4. The Deputy Superintendent of Police, Annamayya District 5. The Station House Officer S H O, Railway Kodur Police Station, 6. The Sub Inspector, Railway Kodur Police Station Annamayya District. . Patnam Chandrasekhar, S/o. Late P. Eswaraiah, aged about 60 years R/o. Yeguvareddy Palli, Pullampeta Mandal, Annamayya District. IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. AKULA GANDHARAVA KRISHNA, S/o. A. Girish Kanna, aged about 25 years, R/o. Door No. 14/1, Lakshmiparadise Cinema Theatre Upstairs, RIy.Kodur, Annamayya District. Represented by his mother and GPA Holder ...Petitioner 1. THE STATE OF ANDHRA PRADESH, Home Department, Represented by its Principal Secretary, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Deputy Inspector General of Police, Kurnool Range, Kurnool-518002 5. The Station House Officer S H O, Railway Kodur Police Station, 6. The Sub Inspector, Railway Kodur Police Station Annamayya District. . Patnam Chandrasekhar, S/o. Late P. Eswaraiah, aged about 60 years R/o. 8. Balisetty Harikrishna, S/o. Balisetty Venkata Rayulu, aged about 54 years. R/o. Door No. 8/976-3, Gandhi Nagar, RIy.Kodur, Annamayya District. ...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, order or direction more particularly one in the nature of the writ of MANDAMUS declaring the action of the Respondents, more particularly Respondent No. 5 and 6, in interfering with the civil disputes between Petitioner and Respondent No. 7 and 8 in respect of the property admeasuring an extent of Ac. 1.29 cents in Sy. No. 14/1 with Cinema Theatre by name Srilakshmi Paradise Deluxe Theatre bearing Door No. 10/416 of Railway Kodur Revenue Village, Railway Kodur Mandal, Annamayya District and an extent of Ac. 1.39 1/2 cents in Sy. No. 36/2 of Raghavarajapuram Revenue Village, Railway Kodur Mandal, Annamayya District as illegal. arbitrary, without jurisdiction besides violating Petitioners rights guaranteed under Article 14, 21 and 300A of the Constitution of India and consequently direct the Respondent No. 5 and 6not to interfere in civil disputes between Petitioner and Respondent No. 7 and 8 in respect of the property admeasuring an extent of Ac. 1.29 cents in Sy. No. 14/1 with Cinema Theatre by name Srilakshmi Paradise Deluxe Theatre bearing Door No. 10/416 of Railway Kodur Revenue Village, Railway Kodur Mandal, Annamayya District and an extent of Ac. 1.391 1/2 cents in Sy. No. 36/2 of Raghavarajapuram Revenue Village, Railway Kodur Mandal, Annamayya 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 pleased to direct the Respondent No. 5 and 6not to interfere in civil disputes between Petitioner and Respondent No. 7 and 8 in respect of the property admeasuring an extent of Ac. 1.29 cents in Sy. No. 14/1 with Cinema Theatre by name Srilakshmi Paradise Deluxe Theatre bearing Door No. 10/416 of Railway Kodur Revenue Village, Railway Kodur Mandal, Annamayya District and an extent of Ac. 1.39 1/2 cents in Sy. No. 36/2 of Raghavarajapuram Revenue Village, Railway Kodur Mandal, Annamayya District and pass IA NO: 2 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 Counsel for the Petitioner: KANDERI CHETHAN Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32476 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, order or direction more particularly one in the nature of the writ of MANDAMUS declaring the action of the Respondents, more particularly Respondent No. 5 and 6, in interfering with the civil disputes between Petitioner and Respondent No. 7 and 8 in respect of the property admeasuring an extent of Ac. 1.29 cents in Sy. No. 14/1 with Cinema Theatre by name Srilakshmi Paradise Deluxe Theatre bearing Door No. 10/416 of Railway Kodur Revenue Village, Railway Kodur Mandal, Annamayya District and an extent of Ac. 1.39 1/2 cents in Sy. No. 36/2 of Raghavarajapuram Revenue Village, Railway Kodur Mandal, Annamayya District as illegal. arbitrary, without jurisdiction besides violating Petitioners rights guaranteed under Article 14, 21 and 300A of the Constitution of India and consequently direct the Respondent No. 5 and 6not to interfere in civil disputes between Petitioner and Respondent No. 7 and 8 in respect of the property admeasuring an extent of Ac. 1.29 cents in Sy. No. 14/1 with Cinema Theatre by name Srilakshmi Paradise Deluxe Theatre bearing Door No. 10/416 of Railway Kodur Revenue Village, Railway Kodur Mandal, Annamayya District and an extent of Ac. 1.391 1/2 cents in Sy. No. 36/2 of Raghavarajapuram Revenue Village, Railway Kodur Mandal, Annamayya District and pass… 2. Heard Sri Kanderi Chethan, learned counsel for the petitioner(s) and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the respondents. 3. When the matter is taken up for hearing, Sri V. Farooq, learned Assistant Government Pleader for Home, on instructions, would submit that Mrs. Akula Vanaja is the GPA holder and mother of the petitioner. Basing on the special report submitted by respondent No.5, a case in Cr. No. 216 of 2025 under Section 318(3), 322 r/w 3 (5) of the Bharatiya Nyaya Sanhita was registered on the file of Railway Kodur Police Station. It is stated that the petitioner has been called to the police station in connection with the said crime. It is further submitted that the police are not interfering in the civil disputes between the parties. 4. The learned counsel for the petitioner submits that this Court may pass appropriate orders. 5. Recording the above submissions, this Writ Petition is disposed of. The police are directed to follow due process of law in respect of the crime registered against the petitioner’s mother. The police are further directed not to interfere in the civil disputes between the parties, except in accordance with due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25-11-2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.32476 of 2025 Dated.25-11-2025 KKV 46 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.32476 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 25.11.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV