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2025 DAILYLAW 54120 (AP)

GANTI KILASHA NAGA VENKATA SARMA v. THE STATE OF ANDHRA PRADESH

WP/23189/2024 · 2025-12-19

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010447902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23189 OF 2024 Between: 1. GANTI KILASHA NAGA VENKATA SARMA, S/o late Ganti Easwara Vara Prasad aged about 53 Yrs. Hindu, Business R/o H.No.3-55, Sree Nagar, Pulletikurru (v)-533239. Ambajipeta Mandal. Dr.B.R.Ambedkar Konaseema District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Secretary, Home Department Secretariat, Velagapudi-522503.Amaravathi. Guntur District. 2. The Director General of Police, Mangalagiri-522508. Guntur District. 3. The Superintendent of Police, Dr BRA Konaseema District, Amalapuram- 533201. 4. The Station House Officer, Ambajipeta Police Station, Ambajipeta-533214. 5. K Chiranjeevi, Sub-Inspector of Police, Ambajipeta police Station, Ambajipeta- 533214. ...Respondents 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 of Mandamus or any other appropriate Writ, order or direction declaring the action of the respondents 4 AND 5 in illegally threatening the petitioner to vacate the property in an extent of about Ac.0.86cents in R.S.NO.109/1B of Pulletikurru (v) within Ambajipeta Mandal, Dr.B.R.Ambedkar Konaseema District without any manner of right saying that they got heavv' pressure from their higher authorities for vacating the petitioner from the said property and attempted to break open the lock of the property by sending some un-known persons etc.,without any manner of right and further threateing to foist false criminal cases against the petitioner and his family members as illegal, arbitrary, discriminatory, unconstitutional and violative of principles of natural justice and consequently direct the respondent No.2 to 4 not to interfere with the civil rights of the petitioner and his property in any manner and take necessary declipinary action against the 5th respondent for his illegal activities of station settlements and grant such other just relief or reliefs as this HOn'ble court may deem fit and proper under the facts and circumstances of the case and in the interests of justice. 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 grant interim direction directing the respondents 2 to 5 not to interfere with the civil rights of the property and further direct the 5th respondent not to interfere with the day today agricultural operations of the petitioners property ie., Ac.0.86cents in R.S.No.l09/lB of Pulletikurru (v) within Ambajipeta Mandal, Dr.B.R.Ambedkar Konaseema District in any manner pending disposal of the main writ petition and grant such other just relief or reliefs as this HOn'ble court may deem fit and proper under the facts and circumstances of the case and in the interests of justice. Counsel for the Petitioner: SRINIVASA RAO PAPPU Counsel for the Respondents: GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23189 OF 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the respondents 4 AND 5 in illegally threatening the petitioner to vacate the property in an extent of about Ac.0.86cents in R.S.NO.109/1B of Pulletikurru (v) within Ambajipeta Mandal, Dr.B.R.Ambedkar Konaseema District without any manner of right saying that they got heavy pressure from their higher authorities for vacating the petitioner from the said property and attempted to break open the lock of the property by sending some un-known persons etc.,without any manner of right and further threatening to foist false criminal cases against the petitioner and his family members as illegal, arbitrary, discriminatory, unconstitutional and violative of principles of natural justice and consequently direct the respondent No.2 to 4 not to interfere with the civil rights of the petitioner and his property in any manner and take necessary disciplinary action against the 5th respondent for his illegal activities of station settlements and grant such other just relief or reliefs as this Hon'ble court may deem fit and proper under the facts and circumstances of the case and in the interests of justice. 2. Heard Sri Srinivasa Rao Pappu, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that it is a case of interference of police in a civil dispute and thereafter insisting the petitioner to vacate the subject property. 4. Learned Assistant Government Pleader for Home would submit that the 4th respondent lodged a complaint before the SHO, Ambajipeta Police Station, Dr.B.R.Ambedkar Konasema District on 23.09.2024. The respondent-police called the petitioner for preliminary enquiry only. But the petitioner did not turn up for preliminary enquiry and no crime has been registered against the petitioner. He would further submit that the police are not interfering in the civil disputes between the parties 5. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 6. Recording the above said submission, the Writ Petition is disposed of. However, the police are directed not to call the petitioner to the police station since no crime has been registered against the petitioner. 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:20.12.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 65 WRIT PETITION NO: 23189 OF 2024 Dated. 20.12.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO: WRIT PETITION NO: 23189 OF 2024 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 2. 20.12.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV