APHC010095372022 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: 5732/2022 Between: 1. SEETHA APPALA NARSAMMA,, W/O.PEDA APPALA NAIDU, HINDU, FEMALE, AGE 68 YEARS, CULTIVATION, POLEPALLI VILLAGE, BUTCHIYYAPETA MANDAL, VISHAKHAPATNAM DISTRICT. 2. KANTAMREDDY SATYAVATHI,, W/O. RAMANA, HINDU, FEMALE, AGE 42 YEARS, CULTIVATION, POLEPALLI VILLAGE, BUTCHIYYAPETA MANDAL, VISHAKHAPATNAM DISTRICT. 3. SUNKARA JOGULAMMA,, W/O. APPALA NAIDU, HINDU, FEMALE, AGE 66 YEARS, CULTIVATION, POLEPALLI VILLAGE, BUTCHIYYAPETA MANDAL, VISHAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE INSPECTOR OF POLICE/CIRCLE INSPECTOR, CHODAVARAM POLICE CIRCLE CHODAVARAM MANDAL, VISHAKAPATNAM DISTRICT. 4. THE STATION HOUSE OFFICER, BUTCHIYYAPETA POLICE STATION, BUTCHIYYAPETA MANDAL, VISAKHAPATNAM. 2 ...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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No. 3 and 4 and his sub-ordinates in interfering of the civil disputes and also threatening to dispossess the petitioners from their properties in an extent of Ac. 2.42 cents in R.S.NO. 173/15, an extent of Ac.2.57 cents in R.S.No.103/11 (1st Petitioner) an extent of Ac. 2.56 cents in R.S.NO. 103/15, an extent of Ac. 2.43 cents in R.S.No. 173-14 (2nd Petitioner) and an extent of Ac.2.38 cents in R.S.No. 173/13, Ac.0.54 cents in R.S.No.103/16 and Ac.0.05 cents in R.S.No.103/17 (3rd Petitioner) of Polipalli Village of Buthcayyapalem Mandal, Vishakapatnam District without following due process of law as illegal, irregular, arbitrary violative of Criminal Procedure Code and also offends Articles 14, 21 and 300A of constitution of India and consequently direct the 2nd respondent not to dispossess the petitioners from their lands and pass IA NO: 1 OF 2022 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 the Respondents not to dispossess the petitioners from their lands in an extent of Ac. 2.42 cents in R.S.NO. 173/15, an extent of Ac.2.57 cents in R.S.No.103/11 (15t Petitioner) an extent of Ac. 2.56 cents in R.S.NO. 103/15, an extent of Ac. 2.43 cents in R.S.No. 173-14 (2n1 Petitioner) and an extent of Ac.2.38 cents in R.S.No. 173/13, Ac.0.54 cents in R.S.No.103/16 and Ac.0.05 cents in R.S.No.103/17 (3rd Petitioner) of Polipalli Village of Buthcayyapalem Mandal, Vishakapatnam District without following due process of law pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5732 of 2022 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 the Respondents No. 3 and 4 and his sub-ordinates in interfering of the civil disputes and also threatening to dispossess the petitioners from their properties in an extent of Ac. 2.42 cents in R.S.NO. 173/15, an extent of Ac.2.57 cents in R.S.No.103/11 (1st Petitioner) an extent of Ac. 2.56 cents in R.S.NO. 103/15, an extent of Ac. 2.43 cents in R.S.No. 173-14 (2nd Petitioner) and an extent of Ac.2.38 cents in R.S.No. 173/13, Ac.0.54 cents in R.S.No.103/16 and Ac.0.05 cents in R.S.No.103/17 (3rd Petitioner) of Polipalli Village of Buthcayyapalem Mandal, Vishakapatnam District without following due process of law as illegal, irregular, arbitrary violative of Criminal Procedure Code and also offends Articles 14, 21 and 300A of constitution of India and consequently direct the 2nd respondent not to dispossess the petitioners from their lands and pass.…” 2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home for the official respondents, by way of counter, would submit that the respondent-police are not interfering with the civil disputes and did not threaten to dispossess the petitioners. The petitioners are having civil disputes with Pollepalli village persons and their names were registered in various cases in Butchiyyapeta Police Station vide Cr.No.195 of 2021 U/s. 447, 506 r/w 34 of IPC, Cr.No.301 of 2021 U/s.415,420,423,425,464,465,474 of IPC and Cr.No.40 of 2022 U/s.160 of IPC. He would further submit that on 09.12.2021, the respondent No.4 4 received a request from Tahsildar, Butchiyyapeta Mandal to provide Bandobast on 10.12.2021 in connection with Road dispute in Pollepalli Village and the same was provided. At that time, the petitioners and their supporters created law & Order problem and obstructed the Government Officers’ work. For which, the respondent police have registered a case in Cr.No.283 of 2021, U/s.341, 353 r/w 34 of IPC of Butchiyyapeta P.S. on 11.12.2021. Except that, the police never interfered in any land disputes between the parties. 3. Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 4. Recording the above said submissions made by the learned Assistant Government Pleader, 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 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.5732 of 2022 Dated.06.11.2025 UPS 183