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2025 DAILYLAW 50807 (AP)

Dhama Venkateswarlu v. The state of Andhra Pradesh

WP/31471/2023 · 2025-12-08

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010611402023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31471/2023 Between: 1. DHAMA VENKATESWARLU, , S/O. PAPAYYA (LATE). AGED 53 YEARS, R/O. RAJAMPALLI, DARSI MANDAL, PRAKASAM DISTRICT. 2. DHAMA SRINIVASULU,, S/O. PAPAYYA. AGED 51 YEARS,R/O. RAJAMPALLI, DARSI MANDAL, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME. VELAGAPUDI, AMARAVATI. 2. THE STATION HOUSE OFFICER, DARSI POLICE STATION. 3. THE INSPECTOR OF POLICE, DARSI CIRCLE, PRAKASAM DISTRICT. 4. SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT. 5. DHAMA PUSHPAVATHI, W/O. CHINNA VENKAYYU, AGED 65 YEARS, R/O. RAJAMPALL VILLAGE, DARSI MANDAL, PRAKASAM DISTRICT. 6. DHAMA SURYA RAO, S/O. CHINNA VENKAYYA, AGED 35 YEARS, R/O. RAJAMPALLI VILLAGE, DARSI MANDAL, PRAKASAM DISTRICT. 7. DHAMA LAKSHMI NARAYANA, S/O. CHINNA VENKAYYA, AGED 30 YEARS, R/O. RAJAMPALL VILLAGE, DARSI MANDAL, PRAKASAM DISTRICT. 8. DHAMA KRISHNA, S/O. RAMAYYA, AGED 45. RIO RAJAMPALLI VILLAGE, DARSI MANDAL, PRAKASAM 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 an appropriate writ order or direction more particularly one in the writ of mandamus declaring the action of the 1st and 2nd respondents in interfering with the civil dispute between us and the unofficial respondents herein pertaining extent of Ac.0.5 cents covered by survey no. 17/3A and Ac.0.8 cents in survey no. 17/3A and Ac.0.8 cents in survey no. 17/3B in which a petrol bunk is functioning for the last about 12 years by our lessee Smt-Gorla Maleswari and threatening us to vacate the said property in favour of the unofficial respondents herein and calling us to the police station every day and making us to sit in the police station from morning to evening pressurizing us to vacate the disputed land in favour of the unofficial respondents herein who have absolutely no irght or any document in their favour as illegal, arbitrary, unjust, malafide and against the constitutional guarantees and to consequently direct the respondents herein not to interfere with the civil dispute between the petitioners herein and the unofficial respondents herein including by way of threatening the petitioners and their lessee to vacate the said premises in which the petrol bunk is running and to pass IA NO: 1 OF 2023 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 issue an interim direction against the respondents not to call them to the police station and pressurize them to vacate the extent of Ac.0.5 cents in survey no. 17/3A and an extent of Ac.0.8 cents in survey no.l7/3B in favour of the unofficial respondents herein and not to call them herein them to the police station and not to make them to sit there without registering any case and without request to any legal process during the pendency of this writ petition. Counsel for the Petitioner(S): 1. K SARVA BHOUMA RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31471 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate writ order or direction more particularly one in the writ of mandamus declaring the action of the 1st and 2nd respondents in interfering with the civil dispute between us and the unofficial respondents herein pertaining extent of Ac.0.5 cents covered by survey no. 17/3A and Ac.0.8 cents in survey no. 17/3B in which a petrol bunk is functioning for the last about 12 years by our lessee Smt-Gorla Maleswari and threatening us to vacate the said property in favour of the unofficial respondents herein and calling us to the police station every day and making us to sit in the police station from morning to evening pressurizing us to vacate the disputed land in favour of the unofficial respondents herein who have absolutely no irght or any document in their favour as illegal, arbitrary, unjust, malafide and against the constitutional guarantees and to consequently direct the respondents herein not to interfere with the civil dispute between the petitioners herein and the unofficial respondents herein including by way of threatening the petitioners and their lessee to vacate the said premises in which the petrol bunk is running and to pass.…” 2. Heard learned counsel for the petitioners and Sri V. Farook, learned Assistant Government Pleader for Home appearing for respondents 1 to 4. 3. Learned counsel for the petitioners would submit that the police are interfering in the civil disputes between the petitioners and the unofficial respondents. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that case and counter case are registered against the petitioners and the unofficial respondents. Except registration of crimes, the police are not interfering in the civil disputes between the petitioners and the unofficial respondents. 5. Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 6. Recording the above said submission, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the petitioners and the unofficial respondent, except under due procedure 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: 09.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.31471 of 2023 Dated.09.12.2025 TVN 298