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2025 DAILYLAW 53331 (AP)

Kanchi Rambabu v. The State of Andhra Pradesh

WP/13543/2021 · 2025-10-06

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010236432021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13543/2021 Between: 1. KANCHI RAMBABU, , S/O VENKATCSWARA RAO, AGED - 35 YEARS, OCC- CULTIVATION, R/O. CHINTHAKAYALA KOTHAGUDEM, I-I/O RAGHAVAPURAM, CHINTHALAPUDI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT AT ELURU. 3. THE INSPECTOR OF POLICE, CHINTALAPUDI CIRCLE, WEST GODAVARI DISTRICT. 4. THE STATION HOUSE OFFICER, CHINTALAPUDI POLICE STATION, WEST GODAVARI DISTRICT. 5. TEEGAVARAPU KRISHNAVENI, W/O LATE SRI VENKATA MADHUSUDHANA RAO, AGED ABOUT 60 YEARS, R/O. 144C, RAGHAVAPURAM, CHINTHALAPUDI MANDAL, WEST GODAVARI DISTRICT. 6. JAYANTHI SURYA NAGESH, , S/O. NOT KNOWN, AGED ABOUT 45 YEARS, R/O. 144C, RAGHAVAPURAM, CHINTHALAPUDI MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S): 2 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 the 4th respondent at the instance of respondents 5 and 6 in repeatedly insisting petitioner to appear before the 4th respondent police station and insisting him to vacate and deliver the agricultural Land of Ac 4.58 Cents comprising Ac 1.56 Cents, Ac 2.20 Cents, and Ac 0.82 Cents respectively covered by Sy. No- 249/1C, 250, 249/1 of Raghavapuram Revenue Village and house site of Ac 0.25 Cents covered by Sy. No- 254/1 of Raghavapuram Revenue Village in Chintalapudi Mandal of West Godavari District to 5th respondent, as illegal, irregular, irrational, arbitrary, without any authority or sanction of law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 4th respondent not to interfere in any manner with petitioner's possession over the said lands and his personal liberty IA NO: 1 OF 2021 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, particularly 4th respondent not to insist me to appear before his authority nor interfere in any manner with my personal liberty and possession over the agricultural Land of Ac 4.58 Cents comprising Ac 1.56 Cents, Ac 2.20 Cents, and Ac 0.82 Cents respectively covered by Sy. No- 249/1C, 250, 249/1 of Raghavapuram Revenue Village, and house site of Ac 0.25 Ceiits covered by Sy. No- 254/1 of Raghavapuram Revenue Village in Chintalapudi Mandal of West Godavari District, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME 2. MADHAVA RAO NALLURI 3 THE HONOURABLE DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13543 of 2021 The Court made the following 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 respondents, particularly the 4th respondent at the instance of respondents 5 and 6 in repeatedly insisting petitioner to appear before the 4th respondent police station and insisting him to vacate and deliver the agricultural Land of Ac 4.58 Cents comprising Ac 1.56 Cents, Ac 2.20 Cents, and Ac 0.82 Cents respectively covered by Sy. No.249/1C, 250, 249/1 of Raghavapuram Revenue Village and house site of Ac.0.25 Cents covered by Sy. No- 254/1 of Raghavapuram Revenue Village in Chintalapudi Mandal of West Godavari District to 5th respondent, as illegal, irregular, irrational, arbitrary, without any authority or sanction of law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 4th respondent not to interfere in any manner with petitioner's possession over the said lands and his personal liberty” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the representation of the unofficial respondent, crime has been registered against the petitioner herein vide Crime No.467 of 2021 on the file of the Chintalapudi Police Station, West Godavari District, for the offences punishable under Sections 448, 307 and 420 IPC. He would further submit that four (04) other crimes were 4 also registered against the petitioner herein and the Police are not interfering with the civil disputes between the parties. 3. Recording the submissions made by the learned Assistant Government Pleader for Home, the Writ Petition is disposed of, at the stage of admission itself. However, the Police are directed to follow due process of law, regarding the crimes registered against the petitioner herein. No order as to costs. Interlocutory applications, if any, pending shall stand closed. _________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Dated: 07.10.2025 PSA 5 THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13543 of 2021 Date: 07.10.2025 PSA