APHC010629302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32629/2025 Between: 1. PITTI CHANDRAIAH, S/O. MUNUSWAMY, MALE, AGED ABOUT 62 YEARS, OCC. CULTIVATION, R/O. PITTIVANIPALLI VILLAGE, CHITTAMUM MANDAL, ERSTWHILE SPSR NELLORE DISTRICT, NOW TIRUPATI DISTRICT. 2. PITTI LOKAIAH,, S/O. MUNUSWAMY, MALE, AGED ABOUT 61 YEARS, OCC. CULTIVATION, R/O. PITTIVANIPALLI VILLAGE, CHITTAMUM MANDAL, ERSTWHILE SPSR NELLORE DISTRICT, NOW TIRUPATI DISTRICT. 3. PITTI MUNIAH,, S/O. MUNUSWAMY, MALE, AGED ABOUT 60 YEARS, OCC. CULTIVATION, R/O. PITTIVANIPALLI VILLAGE, CHITTAMUM MANDAL, ERSTWHILE SPSR NELLORE DISTRICT, NOW TIRUPATI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, ANDHRA PRADESH SECRETARIAT, VELAGAPUDI,AMARAVATI,GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, AT TIRUPATI, TIRUPATI DISTRICT. 3. THE DIVISIONAL SUPERINTENDENT OF POLICE, AT TIRUPATI TIRUPATI DISTRICT. 2 4. THE CIRCLE INSPECTOR OF POLICE, VAKADU POLICE STATION, TIRUPATI DISTRICT. 5. THE SUB INSPECTOR OF CHITTIMUM POLICE STATION, TIRUPATI DISTRICT. 6. PITTI MUNI KRISHNAIAH, S/O. YELLAIAH, AGED ABOUT 57 YEARS, OCC. CULTIVATION, R/O. B.C COLONY, VAKADU VILLAGE AND MANDAL, ERSTWHILE NELLORE DISTRICT, NOW TIRUPATI 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 5th Respondent in repeatedly insisting me 2nd and and 3rd petitioners to appear before his authority and vacate from our land property an extent of Ac.00.84 cents in Survey No.97/11 situated in Pittivanipalli Village of Chittamuru Mandal, Erstwhile SPSR Nellore District, Now Tirupati District at the instance of 6th respondent, in spite of that 1st appeal pending vide AS CF No.3121 of 2025 on the file of the VII Additional District Judge at Gudur, as illegal, irregular, irrational, without jurisdiction and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 5th respondent not to interfere in any manner with the petitioners liberty and possession over the said property and pass IA NO: 1 OF 2025 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 5th respondent not to interfere in any manner with the petitioners’ personal liberty and possession of property an extent of Ac.00.84 cents in Survey No.97/11 situated in Pittivanipalli Village of Chittamuru Mandal, Erstwhile SPSR Nellore District, Now Tirupati District, and direct the respondents No.2 to 4 consider the petitioners complaint dated 17.11.2025 made against 5th respondent pending disposal of main writ petition and pass Counsel for the Petitioner(S): 1. PATHURI SRINIVAS Counsel for the Respondent(S): 3 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32629 of 2025 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 5th Respondent in repeatedly insisting me 2nd and 3rd petitioners to appear before his authority and vacate from our land property an extent of Ac.00.84 cents in Survey No.97/11 situated in Pittivanipalli Village of Chittamuru Mandal, Erstwhile SPSR Nellore District, Now Tirupati District at the instance of 6th respondent, in spite of that 1st appeal pending vide AS CF No.3121 of 2025 on the file of the VII Additional District Judge at Gudur, as illegal, irregular, irrational, without jurisdiction and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 5th respondent not to interfere in any manner with the petitioners liberty and possession over the said property and pass..…” 2. Heard Sri Pathuri Srinivas, learned Counsel for the Petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for the Official Respondents. 3. Learned Counsel for the Petitioners would submit that there are civil disputes between the Petitioners and Unofficial Respondents. He would further submit that the 6th Respondent herein obtained judgment and decree in his favour in O.S.No.67 of 2017 dated 22.04.2025. Against the said judgment and decree, the Petitioners have preferred an appeal in AS C.F.No.3121 of 2025 on the file of VII Additional District Judge at Gudur. Thereafter, at the behest of the Unofficial Respondent, the Respondent-Police are interfering 5 with the peaceful possession and enjoyment of the Petitioners and threatening the Petitioners settle the civil disputes. 4. Learned Assistant Government Pleader for Home, on oral instructions, would submit that since the subject matter is civil in nature, they are not interfering in the civil disputes between the parties. 5. Considering the submissions and a fair look at the material placed on record, since there is a judgment and decree in favour of the 6th Respondent, the Petitioners preferred an appeal against the same and no stay has been obtained by the Petitioners in the said appeal, this Writ Petition is disposed of. However, the Petitioners are at liberty to work out their remedies before the appropriate forum according to law. The Police are directed not to interfere in the civil disputes between the parties, except under due process 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: 22.11.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.32629 of 2025 Dated.22.11.2025 UPS 222