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2025 DAILYLAW 54347 (AP)

MANDAVA SUBBARAMAIAH v. THE STATE OF AP

WP/21564/2023 · 2025-12-08

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010420002023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21564/2023 Between: 1. MANDAVA SUBBARAMAIAH, S/O. LATE TIMMAIAH @ TIMMANAIDU, AGED 77 YEARS, OCC CULTIVATION, R/O. D. NO. 6-234, CHINAMACHUNURU REVENUE VILLAGE, NAGARAJUPADU VILLAGE, MARRIPADU MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SPSP NELLORE DISTRICT AT NELLORE. 3. THE STATION HOUSE OFFICER, MARRIPADU POLICE STATION, MARRIPADU MANDAL, SPSP NELLORE DISTRICT. 4. THE TAHSILDAR, MARRIPADU MANDAL, SPSP NELLORE DISTRICT. 5. YARLAGADDA TIRUPATHIRAYUDU, S/O. KRISHNA MURTHY, AGED 70 YEARS, R/O. D.NO.3-4, LAWYERPET, ONGOLE, PRAKASAM 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly 3rd respondent at the instance of 5th respondent in frequently insisting me to attend before his authority and threatening me to yield to the terms of 5th respondent and deliver the possession of my agricultural land in an extent of Ac.0.44 Cents in Survey No.140-1, situated in Chinamachunuru Revenue Village of Marripadu Mandal in SPSR Nellore District to the custody of 5th respondent, as illegal, irregular, irrational, without any jurisdiction or authority or sanction of law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents particularly 3rd respondent not to interfere in any manner with my possession over my said property nor interfere with my personal life and liberty and pass IA NO: 1 OF 2023 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 direct the respondents particularly 3rd respondent not to interfere in any manner with the petitioner's possession over his agricultural land admeasuring Ac.0.44 Cents in Survey No.140-1, situated in Chinamachunuru Revenue Village of Marripadu Mandal in SPSR Nellore District nor interfere with the petitioner's personal life and liberty, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SARATH KUMAR D Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21564 of 2023 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 declaring the action of respondents, particularly 3rd respondent at the instance of 5th respondent in frequently insisting me to attend before his authority and threatening me to yield to the terms of 5th respondent and deliver the possession of my agricultural land in an extent of Ac.0.44 Cents in Survey No.140-1, situated in Chinamachunuru Revenue Village of Marripadu Mandal in SPSR Nellore District to the custody of 5th respondent, as illegal, irregular, irrational, without any jurisdiction or authority or sanction of law and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents particularly 3rd respondent not to interfere in any manner with my possession over my said property nor interfere with my personal life and liberty and pass.…” 2. Heard Sri D. Sarath Kumar, learned counsel for the petitioner and Sri V. Farook, learned Assistant Government Pleader for Home appearing for respondents 1 to 4. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that, upon perusal of the contents of the report submitted by respondent No.5, the police have advised respondent No.5 to redress his grievance before the concerned Civil Court, as the subject matter is purely civil in nature. He would further submit that the police are not interfering in the civil disputes between the petitioner and the unofficial respondent. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the above said submission, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the petitioner and the unofficial respondent. 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: 09.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.21564 of 2023 Dated.09.12.2025 TVN 290