APHC010311392021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 18549/2021 Between: 1. DAMA SRINIVASULU, S/O.BRAHMAIAH, AGED ABOUT 48 YEARS, R/O. DUBAGUNTA VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. 2. GUNTU MALLESWARA RAO, S/O.NAGAIAH, AGED 69 YEARS, R/O.DUBAGUNTA VILLAGE, KANDUKUR MANDAL, PRAKASAM DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KANDUKUR TOWN, PRAKASAM DISTRICT. 4. THE INSPECTOR OF POLICE, KANDUKUR RURAL, PRAKASAM DISTRICT. 5. STATION HOUSE OFFICER, KANDUKUR RURAL POLICE STATION, KANDUKUR TOWN AND MANDAL, PRAKASAM DISTRICT. 6. ATHANTI RATHNAMMA, W/O. VENKATA SUBBAIAH, AGED ABOUT 65 YEARS, R/O. DUBAGUNTA VILLAGE, KANDUKUR 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly that of 5th respondent in insisting the petitioners to vacate form their landed property in an extent of Ac.1.53 Cents in Survey No.5/20, an extent of Ac.1.55 Cents in Survey No.5/22 and an extent of Ac.3.30 Cents 2 in Survey No.5/29 situated at Dubagunta Village in Kandukur Mandal of Prakasam District, under the guise of report received from 6th respondent and registered as F.I.R No.117 of 2021 of Kandukur Rural Police Station and also insisting the 1st petitioner to produce his tractor before his authority to show seizure as case property in such crime as illegal, irregular, irrational, without any authority of law and violative of articles 14, 21 and 300-A of the Constitution of India and consequently direct the 5th respondent not to interfere in any manner with petitioners' personal life, liberty and properties and pass Counsel for the Petitioner(S): 1. UYYURI MANIVARUN Counsel for the Respondent(S): 1. MEKALA ANUSHA 2. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed by the Petitioners under Article 226 of the Constitution of India seeking the following relief: “....to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly that of 5th respondent in insisting the petitioners to vacate form their landed property in an extent of Ac.1.53 Cents in Survey No.5/20, an extent of Ac.1.55 Cents in Survey No.5/22 and an extent of Ac.3.30 Cents in Survey No.5/29 situated at Dubagunta Village in Kandukur Mandal of Prakasam District, under the guise of report received from 6th respondent and registered as F.I.R No.117 of 2021 of Kandukur Rural Police Station and also insisting the 1st petitioner to produce his tractor before his authority to show seizure as case property in such crime as illegal, irregular, irrational, without any authority of law and violative of articles 14, 21 and 300-A of the Constitution of India and consequently direct the 5th respondent not to interfere in any manner with petitioners' personal life, liberty and properties and pass ...” At the time of hearing, learned counsel for the petitioners sought for a direction to the respondent Police not to interfere in the civil disputes between the Petitioners and respondent No.6. Sri V.Farooq, learned Assistant Government Pleader for Home appearing for respondent State on instructions would submit that the Court may pass appropriate orders. A perusal of the material on record, this Court passed an interim order on 31.08.2021 in IA No.1 of 2021 and it reads thus: “ In the meanwhile, there shall be a direction to the respondent Police officials not to interfere in the civil dispute between the Petitioners and the unofficial respondent relating to land covered by Survey Nos.5/20, 5/22 and 5/29 in an extent of Ac.1.53 cents, Ac.1.55 cents and Ac.3.30 cents respectively of Dubagunta village, Prakasam District and not to insist the petitioner to produce the tractor till the next date of hearing.” 4 In that view, this Writ Petition is disposed of. Respondent Police are directed not to interfere in the civil disputes between the parties except following due process of law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 18549 2021 08.10.2025 Mjl /*