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2025 DAILYLAW 50662 (AP)

MODALAVALASA TEJESWARARAO v. THE STATE OF ANDHRA PRADESH

WP/720/2024 · 2025-12-04

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010008682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 720/2024 Between: 1. MODALAVALASA TEJESWARARAO, S/O VENKATA SATYAM, AGE 36 YEARS, R/O PURSHOTTAPURAM VILLAGE, SARUBUJJILI MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPLE SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT OF POLICE, SRIKAKUALAM DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, SRIKAKULAM DIVISION, SRIKAKULAM DISTRICT. 4. THE CIRCLE INSPECTOR, AMADALAVALASA CIRCLE POLICE STATION, AMADALAVALASA, SRIKAKULAM DISTRICT. 5. THE STATION HOUSE OFFICER, SUB INSPECTOR OF POLICE, SARUBUJJILI POLICE STATION, SARUBUJJILI, SRIKAKULAM DISTRICT. 6. THE TAHSILDAR, SARUBUJJILI MANDAL, SRIKAKULAM 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 2 of WRIT OF MANDAMUS to declare action of the Respondent Police in Police in interfering and meddling with civil disputes which was exists between Petitioner and third parties in respect to land to an extent of Ac 0.56 cents in Sy No 371-3, to an extent of Ac 0.70 cents in Sy No 350-2 total extent of Ac 1.26 cents situated at Purushottapuram revenue village, Sarubujjili Mandal, Srikakulam District and the police are every day calling to police station and pressurize the Petitioner to compromise civil disputes and give his land to defendant in the suit in O.S No 220 of 2023 on the file of the Junior Civil Judge, at Amadalavalasa, and Plaintiff in Suit in O.S NO 87 OF 2022 on the file of the Principal Senior Civil Judge, at Srikakulam despite the fact that granting of injunction Order by competent civil court in I.A.NO 757 of 2023 in O.S No 220/2023 on the file of the Junior Civil Judge, Amadalavalasa and pending suit in O.S No O.S NO 87 OF 2022 on the file of the Principal Senior Civil Judge, at Srikakulam Srikaklam which highly illegal, arbitrary, unjust and unconstitutional, Sub judice and violative of Articles 300- A, 14, 21 of the Constitution of India and consequently direct the Respondents not to interfere with Petitioners above said land and not to meddle with the civil disputes existing between the Petitioners and third parties in respect to above said suit schedule lands and to pass IA NO: 1 OF 2024 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 leased to direct the Respondents not to interfere with Petitioners land to land to an extent of Ac 0.56 cents in Sy No 371-3, to an extent of Ac 0.70 cents in Sy No 350-2 total extent of Ac 1.26 cents situated at Purushottapuram revenue village, Sarubujjili Mandal, Srikakulam District and not to meddle with the civil disputes existing between the Petitioners and third which is subject matter of civil suit in O.S No 220/2023 on the file of the Junior Civil Judge, Amadalavalasa and O.S No 87 of 2022 the file of the Principal Senior Civil Judge, Srikakulam pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 720 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare action of the Respondent Police in Police in interfering and meddling with civil disputes which was exists between Petitioner and third parties in respect to land to an extent of Ac 0.56 cents in Sy.No. 371-3, to an extent of Ac 0.70 cents in Sy.No. 350-2 total extent of Ac 1.26 cents situated at Purushottapuram revenue village, Sarubujjili Mandal, Srikakulam District and the police are every day calling to police station and pressurize the Petitioner to compromise civil disputes and give his land to defendant in the suit in O.S No.220 of 2023 on the file of the Junior Civil Judge, at Amadalavalasa, and Plaintiff in Suit in O.S.No. 87 OF 2022 on the file of the Principal Senior Civil Judge, at Srikakulam despite the fact that granting of injunction Order by competent civil court in I.A.NO 757 of 2023 in O.S No 220/2023 on the file of the Junior Civil Judge, Amadalavalasa and pending suit in O.S No O.S NO 87 OF 2022 on the file of the Principal Senior Civil Judge, at Srikakulam Srikaklam which highly illegal, arbitrary, unjust and unconstitutional, Sub judice and violative of Articles 300-A, 14, 21 of the Constitution of India and consequently direct the Respondents not to interfere with Petitioners above said land and not to meddle with the civil disputes existing between the Petitioners and third parties in respect to above said suit schedule lands.…” 2. Heard Sri S.Srinivasa Rao, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 4 3. Learned counsel for the petitioner would submit that the respondent- police are interfering in the civil disputes regarding the subject land between the petitioner and 3rd parties. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that the respondent-police are not interfering in the civil disputes between the petitioner and the 3rd 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. 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: 05.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.720 of 2024 Dated.05.12.2025 UPS 251