PALAVALASA APPALASWAMI NAIDU v. The State of Andhra Pradesh,
WP/27054/2024 · 2025-12-29
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54749 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54749 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010522152024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27054/2024 Between:
1. PALAVALASA APPALASWAMI NAIDU, S/O LATE SURAPU NAIDU AGED 71 YEARS, R/O PEDDA PURLI, PURLI, SRIKAKULAM, PRESENTLY RESIDING AT D. NO. 1-25/1/3, VARAHAGIRI NAGAR, GOLLALA YENDADA, ENDADA, VISAKHAPATNAM.
2. PALAVALASA SAVITRAMMA,, W/O PALAVALASA APPALASWAMI NAIDU, R/O PEDDA PURLI, PURLI, SRIKAKULAM, PRESENTLY RESIDING AT D. NO. 1-25/1/3, VARAHAGIRI NAGAR, GOLLALA YENDADA, ENDADA, VISAKHAPATNAM.
3. PALAVALASA SAI GOUTAM DATTA,, S/O P. APPALASWAMI NAIDU R/O PEDDA PURLI, PURLI, SRIKAKULAM, PRESENTLY RESIDING AT D. NO. 1-25/1/3, VARAHAGIRI NAGAR, GOLLALA YENDADA, ENDADA, VISAKHAPATNAM.
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR.
2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT.
3. THE ASSISTANT COMMISSIONER OF POLICE, NORTH SUB- DIVISION, VISAKHAPATNAM CITY.
4. THE CIRCLE INSPECTOR, BHEEMUNIPATNAM POLICE STATION VISAKHAPATNAM.
5. THE STATION HOUSE OFFICER, BHEEMUNIPATNAM POLICE STATION, 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 topleased to issue a Writ of Mandamus or any other appropriate Writ,
Order or direction declaring the action of 3rd to 5th Respondents along with their staff constables in interfering with the peaceful possession and enjoyment of the petitioner's property situated in Sy. No. 88/2 and 88/4, situated at Kappulupada Village and Gram Panchayati, Bheemunipatnam Revenue Mandal, Visakhapatnam and consequently direct 3rd to 5th Respondents along with their staff constables not to call the petitioners to the police station and also refrain from interfering with the peaceful possession and enjoyment of the petitioner's property situated in Sy. No. 88/2 and 88/4, situated at Kappulupada Village and Gram Panchayati, Bheemunipatnam Revenue Mandal, Visakhapatnam without there being any crime and to 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 pleased to direct the direct 3rd to 5th Respondents along with their staff constables not to call the petitioners to the police station and also refrain from interfering with the peaceful possession and enjoyment of the petitioner's property situated in Sy. No. 88/2 & 88/4, situated at Kappulupada Village & Gram Panchayati, Bheemunipatnam Revenue Mandal, Visakhapatnam pending disposal of the Writ Petition before this Hon'ble Court and to pass Counsel for the Petitioner(S):
1. ARRABOLU SAI NAVEEN Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27054 of 2024
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of 3rd to 5th Respondents along with their staff constables in interfering with the peaceful possession and enjoyment of the petitioner's property situated in Sy. No. 88/2 and 88/4, situated at Kappulupada Village and Gram Panchayati, Bheemunipatnam Revenue Mandal, Visakhapatnam and consequently direct 3rd to 5th Respondents along with their staff constables not to call the petitioners to the police station and also refrain from interfering with the peaceful possession and enjoyment of the petitioner's property situated in Sy. No. 88/2 and 88/4, situated at Kappulupada Village and Gram Panchayati, Bheemunipatnam Revenue Mandal, Visakhapatnam without there being any crime and to pass.…”
2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appeared for the respondents.
3.
Learned counsel for the petitioners would submit that the respondents 3 to 5 are interfering with the petitioners’ possession of the property and calling the petitioners to the police station without there being registration of any crime.
4. Learned Assistant Government Pleader for Home, on written instructions would submit that based on the complaint given by one Surabathula Santhosh Kumar, the petitioners were called to the police station for preliminary enquiry. Later the parties were sent to the Chairman, Pre- litigation Counseling Forum, Visakhapatnam for counseling and for redressal.
5.
Learned counsel for the petitioners would submit recording the same, the petition may be disposed of.
6. Recording the above said submissions, the Writ Petition is disposed of. 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: 30.12.2025. TVN
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.27054 of 2024
Dated.30.12.2025
TVN
281