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High Court of Andhra Pradesh · body

2025 DAILYLAW 54004 (AP)

Karri Dasara, v. State of Andhra Pradesh,

WP/14023/2021 · 2025-10-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010240272021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14023/2021 Between: 1. KARRI DASARA,, S/O LATE RAMUDU, AGED 48 YEARS, 0CC- FISHERMAN, R/O D.NO 2-14, PEDDA UPPADA, CHEPALUPPADA POST, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 2. KARI YELLAYYA, S/O LATE KARI MUSALAYYA, AGED 56 YEARS, OCC- FISHERMAN, R/O D.NO.2-115/C, PEDDA UPPADA, CHEPALUPPADA POST, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 3. KARI RAMBABU, S/O KARI YELLAYYA, AGED 30 YEARS, D.NO. 2- 151, PEDDA UPPADA, CHEPALUPPADA POST, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT. 4. KARI KONDA, S/O YELLAYYA, AGED 29 YEARS D.NO 2-151, PEDDA UPPADA, CHEPALUPPADA POST, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM DISTRICT 5. KARI YELLARAO,, S/O LATE CHINNA RAMULU, AGED 44 YEARS, D.NO. 39-28-18/18, MAHATMA COLONY, PANJAB HOTEL JN. MARRIPALEM, VISAKHAPATNAM ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP- BY PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2 2. THE COMMISSIONER OF POLICE, POLICE BARRACKS, VISAKHAPATNAM 3. THE STATION HOUSE OFFICER, BHEEMUNIPATNAM POLICE STATION, VISAKHAPATNAM 4. MAKALA SURYA KALA, W/O VENKATA APPA RAO, AGED 44 YEARS, R/O D.NO.3-61-118, PERIKI VEEDHI, CHITTIVALASA, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM. 5. MAKALA VENKATA APPARAO, S/O LATE RAMBABU, AGED 51 YEARS, R/O D.NO.3-61-118, PERIKI VEEDHI, CHITTIVALASA, BHEEMUNIPATNAM MANDAL, VISAKHAPATNAM 6. LATCHIREDDY SHIVAJI, S/O L. APPA RAO, AGED 46 YEARS, D.NO. 22-137, SALIPETA, MUDASARLOVA ROAD, CHIRAGADILLI, VISAKHAPATNAM, 7. CHEBROLU PADMA KUMARI, W/O KONDABABU, AGED 53 YEARS, R/O D.NO. 57-4-53, DURGANAGAR, KANCHARAPALEM, 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 to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of Respondent No. 3 interfering with the Civil Disputes in between Petitioners and un-official Respondents and there by threatening the Petitioner to hand over the possession of the land of the Petitioner to an extent of Ac. 2-26 Cents in S.No.15/1 of Pedha Uppada Village, Visakhapatnam to the un-official Respondents as illegal, arbitrary and colorable exercise of their powers and contrary to the Art.14 and 21 of Constitution of India, and consequently direct the respondents 1 to 3 not to interfering with the Civil Disputes in between Petitioners and un-official Respondents with regard to possession of the land of the Petitioner to an extent of Ac. 2-26 Cents in S.No.15/1 of Pedha Uppada Village, Visakhapatnam 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 Respondent no-3 not to interfering with the Civil Disputes in 3 between Petitioners and un-official Respondents with regard to civil litigation for the land to an extent of Ac. 2-26 Cents in S.No.15/1 of Pedha Uppada Village, Visakhapatnam Pending disposal of the above Writ petition 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 to vacate interim orders passed in dated 30-07-2021 in Writ Petition No. 14023 of 2021 and pass IA NO: 2 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 to grant leave to file the counter affidavit and receive the same in the above Writ Petition No. 14023 of 202 Counsel for the Petitioner(S): 1. T D PANI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. K SARVA BHOUMA RAO 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14023 of 2021 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 declare the action of Respondent No.3 interfering with the Civil Disputes in between Petitioners and unofficial Respondents and there by threatening the Petitioner to hand over the possession of the land of the Petitioner to an extent of Ac.2-26 Cents in S.No.15/1 of Pedha Uppada Village, Visakhapatnam to the unofficial Respondents as illegal, arbitrary and colorable exercise of their powers and contrary to the Art.14 and 21 of Constitution of India and consequently direct the respondents 1 to 3 not to interfering with the Civil Disputes in between Petitioners and un-official Respondents with regard to possession of the land of the Petitioner to an extent of Ac.2-26 Cents in S.No.15/1 of Pedha Uppada Village, Visakhapatnam, and to pass….” 2. Heard Sri T.D.Phani Kumar, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on instructions, would submit that the respondent-police are not interfering in the civil disputes between the petitioners and unofficial respondents. 4. Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 5. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between 5 the petitioners and the unofficial respondents. 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: 06.10.2025 SNI 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.14023 of 2021 Dated.06.10.2025 SNI 25