1 APHC010033742024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 1900/2024 Between: 1. CHORAGUDI BHAGYALU, W/O. SRI RAMULU, AGED ABOUT 78 YEARS, R/O. D.NO. 1-58, CHALLAPALLI VILLAGE AND MANDAL, KRISHNA DISTRICT. 2. CHORAGUDI JOHN, S/O. SRI RAMULU, AGED ABOUT 47 YEARS, R/O. D.NO. 1-58, CHALLAPALLI VILLAGE AND MANDAL, KRISHNA DISTRICT. 3. KOMMU PADMA, W/O. CHANTI, AGED ABOUT 41 YEARS, R/O. D.NO. 1-58, CHALLAPALLI VILLAGE AND MANDAL, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPLE SECRETARY DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, BANDAR 2 DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE TAHSILDAR, CHALLAPALLI MANDAL, CHALLAPALLI, KRISHNA DISTRICT. 5. THE SUB INSPECTOR OF POLICE, CHALLAPALLI POLICE STATION, CHALLAPALLI VILLAGE AND MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. GHANTASALA UDAYA BHASKAR Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) WRIT PETITION NO: 10251/2024 Between: 1. CHAKKA VENKATA SUBBA RAO, S/O.CH.RAMA KIRSHNA RAO, AGED ABOUT 53 YEARS, OCC BUSINESS, R/O. MALLAVOLU, GUDURU MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME 3 DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, ANDHRA PRADESH. 4. THE DISTRICT POLICE OFFICER, KRISHNA DISTRICT, ANDHRA PRADESH. 5. THE TAHSILDAR AND MANDAL MAGISTRATE, CHALLAPALLI MANDAL, CHALLAPALLI, KRISHNA DISTRICT, ANDHRA PRADESH. 6. THE INSPECTOR OF POLICE, CHALLAPALLI POLICE STATION, CHALLAPALLI, KRISHNA DISTRICT, ANDHRA PRADESH. 7. THE SUBINSPECTOR OF POLICE, CHALLAPALLI POLICE STATION, CHALLAPALLI, KRISHNA DISTRICT, ANDHRA PRADESH. 8. CHORAGUDI BHAGYALU, W/O.CH.SRIRAMULU, AGED ABOUT 78 YEARS, OCC HOUSEWIFE, R/O.D.NO.1-58, CHALLAPALLI VILLAGE AND MANDAL, KRISHNA DISTRICT. 9. CHORAGUDI JOHN, , S/O.CH.SRIRAMULU, AGED ABOUT 47 YEARS, OCC BUSINESS, R/O.D.NO.1-58, CHALLAPALLI VILLAGE AND MANDAL, KRISHNA DISTRICT. 10. KOMMU PADMA, W/O.K.CHANTI, AGED ABOUT 41 YEARS, OCC HOUSEWIFE, R/O.D.NO.1-58, VUPPULURU VILLAGE, KANKIPADU MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): 4 Counsel for the Petitioner: 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GHANTASALA UDAYA BHASKAR The Court made the following: 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION Nos.1900 and 10251 of 2024 COMMON ORDER: Writ Petition No.1900 of 2024 is filed seeking the following relief: “….to issue an appropriate writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in trying to dispossess from the private property of the petitioners in survey No. 129-3 to an extent of 484 sq. yards equalling to Ac 0-10 cts situated in Challapalli Village, Challapalli Mandal, Krishna District is wholly illegal, arbitrary, unconstitutional, capricious and violation under Article 300-A of the Constitution of India without following due process as contemplated under law and consequently direct the respondents not to interfere into the private property of the petitioners without following the procedure as established under law….” 2. Writ Petition No.10251 of 2024 is filed seeking the following relief: “….to issue a Writ, Order, or direction, more particularly one in the nature of the Writ of Mandamus, declaring the action of the Respondent Authorities in not implementing the Proceedings Rc.DT. 189/2022, dated 19.07.2022 promulgated under Section 145 of the Criminal Procedure 6 Code, 1973 including by registering Crime (FIR) against the Respondent Nos.8 to 10 and in not providing protection to the Petitioner's Plot ad-measuring 741 Sq.Yards equivalent to 619.56 Sq.Mts situated in R.S.No. 294/1 of Challapalli Village and Mandal, Krishna District as illegal, arbitrary and violative of Articles 14, 19 and 300-A of the Constitution of India to consequently direct the Respondent Authorities to forthwith implement the Proceedings Rc.DT. 189/2022, dated 19.07.2022 and register the FIR and provide protection to the Petitioner's plot from illegal acts including encroachments of the Respondent Nos.8 to 10….” 3. Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing for the official respondents in both the writ petitions. 4. Initially, W.P.No.1900 of 2024 is filed for restraining the respondent authorities to interfere with the possession of the petitioners’ private property in Survey No.129-3 to an extent of 484 square yards equalling to Ac.0.10 cents situated in Challapalli Village, Challapalli Mandal, Krishna District. The very basis for filing the writ petition is the endorsement dated 20.12.2023 issued by the Tahsildar, wherein the petitioners have made a request under Right to Information Act whether any 7 proceedings under Section 145 of Cr.P.C. are initiated pertaining to R.S.No.129/3 of Challapalli Village and Challapalli Mandal and if initiated, provide such orders. The endorsement has been given by the Tahsildar on 20.12.2023 stating that pertaining to R.S.No.129/3 no prohibitory orders were issued by the office. Considering the above endorsement and submissions, this Court has passed the following interim order on 29.01.2024: “Notice before Admission. Learned Government Pleader for Revenue takes notice on behalf of respondent No.2 to 4. Learned Government Pleader for Home takes notice on behalf of respondent Nos.1 & 5. Learned Government Pleaders for respondents sought time to get instructions. For instructions, post the matter on 12.02.2024, in the motion list. I.A.NO.1 of 2024 Heard Sri Ghantasala Udaya Bhaskar, learned counsel for the petitioners. 8 Learned Counsel for the petitioners in elaboration to what has been stated in the affidavit contended that, originally the subject property got purchased by the father- in-law of the 1st petitioner and pursuant to the death of the husband of the 1st petitioner, the property was partitioned among the petitioners who are legal heirs of Sri Ramulu under Registered partition deed and now the respondent authorities are highhandedly interfering with the subject property and trying to dispossess the petitioners from the subject property, if such action is materialized, it affects the rights of the petitioners. As such, the present writ petition is filed and prayed to pass appropriate orders protecting the interest of the petitioners, pending writ petition. Perused the material available on record. The partition deed placed on record shows that the subject property belongs to petitioners. Taking the submissions of learned counsel for the petitioners into consideration, prima facie, a point has been made out for consideration, as rightly contended by the learned counsel for the petitioners that, any forcible dispossession without following due process of law violates the rights guaranteed under Article 300-A of Constitution of India, as such, this Court is inclined to pass the following interim order: The respondent authorities are hereby directed not to interfere with the subject property of the petitioners for a period of two (02) weeks.” 9 5. Subsequently, the petitioner in W.P.No.10251 of 2024 has filed the writ petition declaring the action of the respondent authorities in not implementing the proceedings issued on 19.07.2022 promulgated under Section 145 of Cr.P.C. against respondent Nos.8 to 10 pertaining to the land admeasuring 741 square yards in R.S.No.294/1 of Challapalli Village and Mandal, Krishna District, as illegal and arbitrary. In the said writ petition, the learned counsel has made his submissions based on the averments made in the writ petition that the unofficial respondents and writ petitioners in W.P.No.1900 of 2024 by playing fraud made certain registrations pertaining to R.S.No.129/3 and by such registered documents they made an application to the Tahsildar to provide the proceedings issued under Section 145 of Cr.P.C., if they are pending and approached this Court with unclean hands and got the interim orders with a direction against the official respondents not to interfere with the subject property. By virtue of the said orders, again they have entering into the land in R.S.No.294/1 of Challapallil Village. Hence, left with no option, the present writ petition is filed for implementation of the proceedings dated 19.07.2022 promulgated under Section 145 of Cr.P.C. 10 6. Considering the submissions made by both the learned counsel, no doubt, as already there are civil disputes pending between the parties, this Court is not inclined to interfere in both the writ petitions. It is for both the parties to settle their disputes either in pending civil suit or in separate civil proceedings. In view of the same, the interim orders, if any, are also vacated. 7. Accordingly, both the Writ Petitions are dismissed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 22.12.2025 Ivd 11 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION Nos.1900 and 10251 of 2024 Dated: 22.12.2025 Ivd