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2025 DAILYLAW 53835 (AP)

Budireddi Apparao v. State of Andhra Pradesh

WP/3274/2021 · 2025-10-06

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010053052021 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: 3274/2021 Between: 1. BUDIREDDI APPARAO, S/O LATE APPALANAIDU, AGED 68 YEARS R/O D.NO.9-16, GAVARA JAGGAYYAPETA, VISAKHAPATNAM DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY POLICE VISAKHAPATNAM 3. THE STATION HOUSE OFFICER, GAJUWAKA POLICE STATION VISAKHAPATNAM CITY 4. SARAGADAM APPALA NAIDU, S/O LATE VENKATA SAMBASIVA RAO, AGED ABOUT 57 YEARS R/AT DOOR NO.1-139, OLD PENDURTHI VISAKHAPATNAM-531173 5. DANDELA GANESH, S/O VENKATARAMANA, AGED ABOUT 35 YEARS R/AT DOOR NO.9-118/2R, SUJATHA NAGAR, NALLA KORI PENDURTHI, VISAKHAPATNAM- 531173 6. M/S SRI NOOKAMBICA CONSTRUCTIONS AND DEVELOPERS, REP BY ITS MANAGING PARTNER TANKALA CHALAPATHI RAO S/O APPA RAO, AGED ABOUT 43 YEARS R/AT DOOR NO.9-108, GAVARA JAGGAYYAPALEM PENDURTHI MANDAL, VISAKHAPATNAM 7. KANDREGULA SATYANARAYANA, S/O SADHU RAO, AGED ABOUT 37 YEARS OCC MANAGING PARTNER M/S SRI NOOKAMBICA CONSTRUCTIONS AND DEVELOPERS R/AT DOOR NO.9-21, 2 GAVARA JAGGAYYAPALEM PENDURTHI MANDAL, VISAKHAPATNAM ...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 toto issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in interfering in civil dispute by insisting and threatening the Petitioner to settle the issue with Respondents 4 to 7 in Pre Litigation Cell in respect of Petitioners land to an extent of Ac.0.23 Cents out of Ac.0.81 cents situated in Sy .No.103 of Tunglam Village, Gajuwaka Mandal, Visakhapatnam District though the Petitioner established his right over the property in the court of law as highly illegal, arbitrary, violative of principles of natural justice and contrary to Articles 14, 21 and 300A of the Constitution of India and consequently direct the 3rd Respondent not to interfere with tie Petitioners land to an extent of Ac.0.23 Cents out of Ac.0.81 cents situated in Sy.Nc.103 of Tunglam Village, Gajuwaka Mandal, Visakhapatnam District and pass 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 3rd Respondent not to interfere with the Petitioners land to an extent of Ac.0.23 Cents out of Ac.0.81 cents situated in Sy.No.103 of Tunglam Village, Gajuwaka Mandal, Visakhapatnam District and pass Counsel for the Petitioner: 1. P RAJKUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. HARINADH NIDAMANURI The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3274 of 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in interfering in civil dispute by insisting and threatening the Petitioner to settle the issue with Respondents 4 to 7 in Pre Litigation Cell in respect of Petitioner’s land to an extent of Ac.0.23 Cents out of Ac.0.81 cents situated in Sy.No.103 of Tunglam Village, Gajuwaka Mandal, Visakhapatnam District though the Petitioner established his right over the property in the court of law as highly illegal, arbitrary, violative of principles of natural justice and contrary to Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 3rd Respondent not to interfere with tie Petitioners land to an extent of Ac. 0.23 Cents out of Ac.0.81 cents situated in Sy No.103 of Tunglam Village, Gajuwaka Mandal, Visakhapatnam District …” 2. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home would submit that in the light of the interim order passed by this Court vide Order dated 11.02.2021, the respondent- police are not interfering in the civil disputes between the petitioner and unofficial respondents. 3. Sri P.Rajkumar, learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4. In that view of the matter, this Writ Petition is disposed of making the interim order as absolute. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.10.2025. VNS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No. 3274 of 2021 Dated.07.10.2025 VNS 716