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2025 DAILYLAW 52916 (AP)

PALEPOGU ADAM v. THE STATE OF AP

WP/15872/2024 · 2025-12-29

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010311992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15872/2024 Between: 1. PALEPOGU ADAM, S/O. VENKATESU, AGED 54 YEARS, OCC CULTIVATION, R/O. RAMANALAVARIPALEM VILLAGE, TALLURU MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT AT ONGOLE. 3. THE DEPUTY SUPERINTENDENT OF POLICE, DARSI, DARSI MANDAL, PRAKASAM DISTRICT. 4. THE INSPECTOR OF POLICE, DARSI CIRCLE POLICE STATION, DARSI, DARSI MANDAL, PRAKASAM DISTRICT. 5. THE STATION HOUSE OFFICER, TALLURU POLICE STATION,TALLURU, PRAKASAM DISTRICT. 6. ANAPARTHY SAI SUNDAR SAMUEL, S/O. LATE SAMSON, AGED 45 YEARS, OCC CULTIVATION, R/O. H.NO.14-413, ADDANKI ROAD, DARSI VILLAGE AND MANDAL, PRAKASAM DISTRICT. 7. ANAPARTHY SAMADANA, D/O. LATE SAMSON, AGED 50 YEARS, OCC CULTIVATION, R/O. H.NO.14-413 ADDANKI ROAD, DARSI VILLAGE AND MANDAL, PRAKASAM DISTRICT. 8. ANAPARTHY SOLOMON JUDSON, , S/O. LATE SAMSON, AGED 55 YEARS, OCC CULTIVATION, R/O. H.NO.14-413 ADDANKI ROAD, DARSI VILLAGE AND 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly respondents 4 and 5 at the instance of respondents 6 to 8 in frequently interfering with petitioners possession and enjoyment over his agricultural lands admeasuring Ac. 1.10 Cents in Survey No.463-2, Ac.1.28 Cents in Survey No.463-1 and Ac.1.7050 Cents in Survey No.558-4, in total extent of Ac.4.085 Cents, situated in Mannepalli Revenue Village of Talluru Mandal in Prakasam District, under the guise of granting Police aid in O.S.No.100 of 2014 in spite of dismissal of main suit on the file of learned Court of Junior Civil Judge, Darsi filed by the respondents 6 and 7 along with their deceased father against the petitioner and others vide Decree and Judgment dated 29.03.2023 in O.S.No.100 of 2014, as illegal, irregular, irrational, without jurisdiction, without any authority or sanction of law and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents particularly respondents 4 and 5 not to interfere in any manner with his possession over petitioner said lands nor interfere with his personal life and liberty and pass IA NO: 1 OF 2024 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 pleased to direct the respondents particularly respondents 4 and 5 not to interfere in any manner with petitioners’ possession and enjoyment over his agricultural land admeasuring Ac. 1.10 Cents in Survey No.463-2, Ac. 1.28 Cents in Survey No.463-1 and Ac.1.7050 Cents in Survey No.558-4, in total extent of Ac.4.085 Cents, situated in Mannepalli Revenue Village of Talluru Mandal in Prakasam District nor interfere with his personal life and liberty, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15872 of 2024 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 the action of respondents, particularly respondents 4 and 5 at the instance of respondents 6 to 8 in frequently interfering with petitioners possession and enjoyment over his agricultural lands admeasuring Ac. 1.10 Cents in Survey No.463-2, Ac.1.28 Cents in Survey No.463-1 and Ac.1.7050 Cents in Survey No.558-4, in total extent of Ac.4.085 Cents, situated in Mannepalli Revenue Village of Talluru Mandal in Prakasam District, under the guise of granting Police aid in O.S.No.100 of 2014 in spite of dismissal of main suit on the file of learned Court of Junior Civil Judge, Darsi filed by the respondents 6 and 7 along with their deceased father against the petitioner and others vide Decree and Judgment dated 29.03.2023 in O.S.No.100 of 2014, as illegal, irregular, irrational, without jurisdiction, without any authority or sanction of law and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents particularly respondents 4 and 5 not to interfere in any manner with his possession over petitioner said lands nor interfere with his personal life and liberty and pass…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the police are interfering with the civil disputes in between the petitioner and the unofficial respondents. Learned counsel would further submit that a direction may be given to the police. 4. Learned Assistant Government Pleader for Home, on oral instructions would submit that the police are not interfering in the civil disputes between petitioner and the unofficial respondents. 5. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 6. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the petitioner and the unofficial respondents, 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: 30.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.15872 of 2024 Dated.30.12.2025 TVN 275