Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 52635 (AP)

Kande Ragaiah v. The State of Andhra Pradesh,

WP/31013/2023 · 2025-12-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010602242023 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: 31013/2023 Between: 1. KANDE RAGAIAH, , S/O. KRISHNAIAH, AGED ABOUT 74 YEARS, OCC- AGRICULTURIST, R/O. MADAMANURU VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. 2. UDATHA PENCHALAMMA, , W/O. KISTAIAH, AGED ABOUT 72 YEARS, OCC- AGRICULTURIST, R/O. MADAMANURU VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT. 3. THE STATION HOUSE OFFICER, MANUBOLU POLICE STATION, MANUBOLU, SPSR NELLORE DISTRICT. 4. SK MAHABOOB BASHA, S/O. GAFOOR SAHEB, AGED ABOUT 50 YEARS, R/O. MADAMANURU VILLAGE, MANUBOLU MANDAL, SPSR NELLORE 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 topleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring action of respondent No. 3 in seeking to dispossess the petitioners from their property to an extent of Ac. 0.04 cents and Ac.0.06 cents respectively and demolish the compound wall, cattle sheds situated in Survey No. 688 of Madamanuru Village, Manubolu Mandal, SPSR Nellore District, in order to induct respondent no.4 as arbitrary, illegal, unjust, without jurisdiction, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 and the Constitutional Right under Article 300-A and consequently direct the 3rd respondent not to interfere with the peaceful possession and enjoyment of the afore said property and 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 leased to direct the 3^^ respondent not to interfere with peaceful possession and enjoyment of petitioners property situated to an extent of Ac. 0.04 cents and Ac.0.06 cents respectively in Survey No. 688 of Madamanuru Village, Manubolu Mandal, SPSR Nellore District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. SAI AKASH Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31013 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring action of respondent No. 3 in seeking to dispossess the petitioners from their property to an extent of Ac. 0.04 cents and Ac.0.06 cents respectively and demolish the compound wall, cattle sheds situated in Survey No. 688 of Madamanuru Village, Manubolu Mandal, SPSR Nellore District, in order to induct respondent no.4 as arbitrary, illegal, unjust, without jurisdiction, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 and the Constitutional Right under Article 300-A and consequently direct the 3rd respondent not to interfere with the peaceful possession and enjoyment of the afore said property and pass.…” 2. When the matter was taken up for hearing, Sri Sai Akash, learned counsel would submit that Sri J. Krishna Praneeth, learned counsel for the petitioner on record has been appointed as Assistant Government Pleader and there is a need to change of Vakalat in this matter and sought time. 3. At this juncture, learned Assistant Government Pleader for Home, on written instructions would submit that police are not interfering in the civil disputes in between the petitioner and the unofficial respondent. 4. In that regard, no further arguments are required in this matter and recording the submission made by learned Assistant Government Pleader, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes in between the petitioner 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.31013 of 2023 Dated.09.12.2025 TVN 308