APHC010592702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30598/2025 Between: 1. D.OBULESU @ PEDDA OBULESU,, S/O. OBULAPATHI, AGED 65 YEARS, R/O. D.NO.6-580, JAISREE COLONY, F. KOTHAKOTA VILLAGE AND MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, A.P. POLICE HEAD QUARTERS AT MANGALAGIRI GUNTUR DISTRICT. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, RAYALASEEMA RANGE, ANANTHAPUR. 4. THE SUPERINTENDENT OF POLICE, ANNAMAYYA DISTRICT. 5. THE DEPUTY SUPERINTENDENT OF POLICE, MADANAPALLE, ANNAMAYYA DISTRICT. 6. THE CIRCLE INSPECTOR OF POLICE, B.KOTHAKOTA POLICE STATION, ANNAMAYYA DISTRICT. 7. THE SUBINSPECTOR OF POLICE, B.KOTHAKOTA POLICE STATION, ANNAMAYYA DISTRICT. 2 8. B KOTHAKOTA MUNICIPALITY, REPRESENTED BY ITS MUNICIPAL COMMISSIONER, B.KOTHAKOTA, ANNAMAYYA DISTRICT. 9. L ABDUL KHADER, S/O. L.GHOUSE KHAN, AGED 65 YEARS, R/O. D.NO.7-121, DARGAH STREET, B.KOTHAKOTA, ANNAMAYYA DISTRICT. 10. D BHEEMARAJU, S/O. LATE D.VENKATESWARLU, AGED 55 YEARS, R/O. D.NO.6-74, SANTHA BAZAR, B.KOTHAKOTA, ANNAMAYYA DISTRICT. 11. D VASANTHAMMA, W/O. LATE RAVINDRANATH, AGED 65 YEARS, R/O. D.NO.6-74, SANTHA BAZAR, B.KOTHAKOTA, ANNAMAYYA DISTRICT. 12. D RAJASEKHAR, S/O. LATE. RAVINDRANATH, AGED 65 YEARS, R/O. D.NO.11-168, PTM ROAD, B.KOTHAKOTA, ANNAMAYYA DISTRICT. 13. D A SUBRAMANYAM, S/O. LATE D.ASWARTHA NARAYANA, AGED 75 YEARS, R/O. SANTHA BAZAR, B.KOTHAKOTA, ANNAMAYYA DISTRICT. 14. D L NARASIMHULU, S/O. LATE D.RADHAKRISHNA AGED 55 YEARS, R/O. SANTHA BAZAR, B.KOTHAKOTA, ANNAMAYYA DISTRICT. ...RESPONDENT(S): 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 issue a writ or order or direction more particularly one in the nature of writ of mandamus, declaring the action of Respondents 1 to 7 in interfering in the civil disputes of the petitioner land admeasuring Ac. 1.48 cents in Sy.No.325/1, B.Kothakota Village and Mandal, Annamayya District for the benefit of Respondents 9 to 14 and permitting construction in my land without building permission from the 8th respondent as illegal, arbitrary, unconstitutional and violative of Article 14, 19 and 21 of the Constitution of India, consequently direct the Respondents 1 to 7 not to interfere in the civil disputes of the petitioner land Ac. 1.48 cents in Sy.No.325/1, B.Kothakota Village and Mandal, Annamayya District and prevent the construction of Respondents 9 to 14, without building permission from the 8th respondent 3 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 to direct Respondents 1 to 7 not to interfere in the civil disputes of the petitioner land Ac. 1.48 cents in Sy.No.325/1, B.Kothakota Village & Mandal, Annarnayya District, pending disposal of the above writ petition 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 to direct Respondent 8 herein to stop the illegal construction made by Respondents 9 to 14 in the land admeasuring Ac. 1.48 Cents in Sy.No.325/1 of B.Kothakota Village & Mandal, Annamayya District, pending disposal of the above writ petition IA NO: 3 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 to direct Respondent Nos.2 to 4, to conduct an enquiry and initiate disciplinary action against Respondents 6 & 7 for actively supporting the high-handed criminal activities of Respondents 9 to 14, pending disposal of the above writ petition Counsel for the Petitioner: 1. V VINOD K REDDY Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 30598 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ or order or direction more particularly one in the nature of writ of mandamus, declaring the action of Respondents 1 to 7 in interfering in the civil disputes of the petitioner land admeasuring Ac. 1.48 cents in Sy.No.325/1, B.Kothakota Village and Mandal, Annamayya District for the benefit of Respondents 9 to 14 and permitting construction in my land without building permission from the 8th respondent as illegal, arbitrary, unconstitutional and violative of Article 14, 19 and 21 of the Constitution of India, consequently direct the Respondents 1 to 7 not to interfere in the civil disputes of the petitioner land Ac. 1.48 cents in Sy.No.325/1, B.Kothakota Village and Mandal, Annamayya District and prevent the construction of Respondents 9 to 14, without building permission from the 8th respondent…” 2. Heard Sri V.Vinod K Reddy, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner purchased the subject land through a Registered Sale deed bearing Document No.1610 of 2011 dated 08.06.2011. Thereafter, the petitioner is in peaceful possession of the subject land. He would further submit that the unofficial respondent Nos. 13 and 14 filed a civil suit for permanent injunction against the petitioner in O.S.No.625 of 2011 on the file of Principal Junior Civil Judge, Madanapalle against the subject land and the same was dismissed 5 vide judgment and decree dated 31.10.2022. Aggrieved thereby, they preferred an appeal vide A.S.No.34 of 2022 on the file of II Additional District Judge, Madanapalle, which was subsequently transferred and renumbered as A.S.No.392 of 2024 on the file of Principal Junior Civil Judge, Madanapalle, which is pending. During the pendency of the above said suit, the respondent No.13 sold the land admeasuring 431.11 Sq.yards to the respondent No.9 through Registered Sale Deed. He would further submit that respondent Nos.9 to 12 filed another suit in O.S.No.7 of 2019 on the file of Principal Senior Civil Judge, Madanapalle, wherein the Trial Court has granted interim injunction vide Order dated 18.12.2019. Thereafter, without any title over the land and building permission, the unofficial respondents are trying to make illegal constructions in the subject land. He would finally submit that the respondent police are interfering in the civil disputes between the parties and threatening disposes the petitioner from the subject land. 4. Learned Assistant Government Pleader for Home on written instructions would submit that on 01.11.2025, at about 08.30 am, the respondent police have received a phone call from an unknown person informing two groups of individuals at the subject land, were causing nuisance. The respondent No.6 along with his staff proceeded to the spot, in order to prevent any untoward incident, intervened and took necessary steps to disperse the crowd. Except that, they have never interfered in the civil disputes between the petitioner and the unofficial respondents. 6 5. Considering the submissions, 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. 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: 06.11.2025. UPS 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.30598 of 2025 Dated.06.11.2025 UPS 212