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2025 DAILYLAW 55155 (AP)

Dulla Appala Raju, v. The State of Andhr Pradesh

WP/27163/2025 · 2025-10-02

Tuhin Kumar Gedela

body2025

Judgment text

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i APHC010531342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) w FRIDAY, THE THIRD DAY OF OCTOBER v- TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA l. WRIT PETITION NO: 27163 OF 2025 v Between; 'X 1. Dulla Appala Raju, S/o. Late Simhadri. Aged 43 years, residing at D.No. 10-11, Venkata Ramana peta. Hio Gopalapruam post Anakapalli Mandal 2. Dulla Nooka Raju, S/o.Late Simhadri. Aged 39 years. cultivation. cultivation, residing at D. No.2-21. Venkata Ramana peta, H/o. Gopalapruam post, - Anakapalli Mandal 3. Dulla Tata Rao, S/o. Late Simhadri, Aged 47 years, cultivation, residing at residing at D. No.3-5. Venkata Ramana peta, H/o. Gopalapruam post. Anakapalli Mandal. 4. Bobban Suresh., S/o. Late Dermudu, Age 36 years, cultivation, residing at D. No. 2^24, Anakapalli Mandal, Ankapalli. ' " Venkata Ramana peta, H/o. Gopalapruam post ...Petitioners v AND 1. The State of Andhra Pradesh, rep by Its Principal Secretary to Government, Home department, AP Secretariat Buildings, Amaravathi, Guntur district, Andhra Pradesh. 2. The Superintendent of Police, AnkapalTi, Anakapalli District, Andhra Pradesh. At 3. The Station House Officer, Anakapalli Rural Police Station, Anakapalli Mandal, Anakapalli District, Andhra Pradesh. 4. Malla Bhagyalakshmi, W/o. Venkata Nookweswara Rao, age 53 years, housewife, residing at D.No. 6-15-5, Malla Veedhi, Anakapalli. 5. Edumudi Sree Ram, S/o. Rama Krishna Rao, Age 58 years, residin gat D. No.9-68, 8th street. Sarada nagar, Kotthuru, Anakapalli 6. Dadi Venkata Appa rao, S/o. Subrahmanyam, Age 44 years, residing at D. No 20-92-19/8, Sunkara metta road, Satyanarayana swamy temple street, Anakapalli. 7. Molleti Srinivasa Rao, S/o.Suryanarayna, Age 42 years, residing a Jmmalada village, Munagapaka Mandal.Ankapalli. 8. Adari Taraka Ram, S/o.late Rama Rao, Hindu. Age 45 years, residing at 019-2-52, Anakapalli. Dasari Gedda road, Nidanam doddi. Gavarapalem ...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 to for the reasons stated in the accompanying affidavit, it is hereby prayed before this Hon’ble Court seeking a writ of mandamus or any other appropriate writ, order, or direction, declaring the action of the official respondent nos. 1 to 3 in interfering over the ongoing civil disputes without observing the pendency of the civil suits in E.P. No. 50 of 2022, in O.S. No. 246 of 2015 on the file of Addl. Senior Civil Judge, Anakapalli thereby not allowing the petitioners herein into the suit schedule property unauthorisedly as without having any authority is as illegal and arbitrary and violation of Fundamental rights of the petitioner guaranteed in the Constitution of India and consequently direct the respondent police not to interfere over the civil disputes pending with the parties connected to E.P. No. 50 of 2022, in O.S. No. 246 of 2015 on the file of Addl. Senior Civil Judge, Anakapalli thereby to allow the petitioners herein into the suit schedule property situated in Sy. No. 121/17 admeasuring to an extent of Ac. 28 14 cents (Item no.1), St. 117/4 to an extent of 15 14 cents (Item no.2) and Sy. No. 117/4 to an extent of Ac.0.6 % cents (Item no.3) situated in Gopalapuram Village, Sabbavaram Sub District, Ankapalle District except by following due procedure established by the law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent police not to interfere over the subject property i.e property situated in Sy. No. 121/17 admeasuring to an extent of Ac. 28 14 cents (Item no.1), St. 117/4 to an extent of 15 14 cents (Item no.2) and Sy. No.117/4 to an extent of Ac.0.6 % cents (Item no.3) situated in Gopalapuram Village, Sabbavaram Sub District, Ankapalle District, with the parties connected to E.P. No. 50 of 2022, in O.S. No. 246 of 2015 on the file of Addl. Senior Civil Judge, Anakapalli except by following due procedure established by the law. Counsel for the Petitioners: SRI P. NANILU NAIDU Counsel for the Respondent Nos.1 to 3 : GP FOR HOME Counsel for the Respondent Nos.4 to 8 : NONE APPEARED The Court made the following order: APHC010531342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT PETITION NO: 27163/2025 [3548] ■u ■: Between: 1.DULLA APPALA RAJU,, S/0. LATE SIMHADRI. AGED 43 YEARS, CULTIVATION, RESIDING AT D.NO. 10-11, VENKATA RAMANA PETA. HIO GOPALAPRUAM POST ANAKAPALLI MANDAL 2.DULLA NOOKA RAJU,, S/0.LATE SIMHADRI. AGED 39 YEARS, CULTIVATION, RESIDING AT D. NO.2-21. VENKATA RAMANA PETA, H/0. GOPALAPRUAM POST, ANAKAPALLI MANDAL 3.DULLA TATA RAO,, S/0. LATE SIMHADRI, AGED 47 YEARS, CULTIVATION, RESIDING AT RESIDING AT D. NO.3-5. VENKATA RAMANA PETA, H/0. GOPALAPRUAM POST. ANAKAPALLI MANDAL. 4.BOBBAN SURESH.,.SLO. LATE DERMUDU, AGE 36 YEARS, CULTIVIATION, RESIDING AT D. NO. 2-24, VENKATA RAMANA PETA, H/0. GOPALAPRUAM POST ANAKAPALLI MANDAL, ANKAPALLI. ...PETITIONER(S) AND 1.THE STATE OF ANDHR PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, AP SECRETARIAT BUILDINGS, DISTRICT, ANDHRA PRADESH. 2.THE SUPERINTENDENT OF POLICE, ANKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, ANAKAPALLI RURAL POLICE STATION, ANAKAPALLI MANDAL, ANAKAPALLI DISTRICT ANDHRA PRADESH. 4.MALLA BHAGYALAKSHMI, W/0. VENKATA NOOKWESWARA RAO, AGE 53 YEARS. HOUSEWIFE, RESIDING AT D.NO. 6-15- 5, MALLA VEEDHI, ANAKAPALLI. 5.EDUMUDI SREE RAM, S/0. RAMA KRISHNA RAO. AGE 58 YEARS, RESIDIN GAT D. NO.9-68. 8TH STREET. SARADA NAGAR, KOTTHURU, ANAKAPALLI 6.DADI VENKATA APPA RAO, S/0. SUBRAHMANYAM, AGE 44 AT AMARAVATHI, GUNTUR YEARS, RESIDING AT D. NO 20-92-19/8, SUNKARA METTA SATYANARAYANA SWAMY TEMPLE STREET, ROAD ANAKAPALLI. 7.MOLLETI SRINIVASA RAO, S/O.SURYANARAYNA, AGE 42 YEARS, RESIDING A JMMALADA VILLAGE, MUNAGAPAKA MANDAL.ANKAPALLI. 8.ADARI TARAKA RAM, S/0.LATE RAMA RAO, HINDU. AGE 45 YEARS, RESIDING AT 019-2-52, DASARI GEDDA ROAD, NIDANAM DODDI. GAVARAPALEM, ANAKAPALLI ...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 declare the action of the official respondent Nos.1 to 3 in interfering over the ongoing civil disputes without observing the pendency of the civil suits in E.P.No.50 of 2022 in O.S.No.246 of 2015 the file of Addl. Senior Civil Judge, Anakapalli, thereby not allowing the petitioners herein into the suit schedule property unauthorizedly as without having any authority is as illegal and arbitrary and violation of Fundamental rights of the petitioners guaranteed in the Constitution of India and consequently direct the respondent police not to interfere over the civil disputes pending with the parties connected to E.P.No.50 of 2022 in O.S.No.246 of-2015 on the file of Addl. Senior Civil Judge, Anakapalli and thereby to allow the petitioners herein into the suit schedule property situated in Sy.No.121/17 admeasuring to an extent of Ac.28-14 cents (Item no.1), Sy.No.117/4 to an extent of 15 >2 cents (Item no.2) and Sy.No.117/4 to an extent of Ac.0.6 cents (Item no.3) situated in Gopalapuram Village, Sabbavaram Sub District, Ankapalle District except by following due procedure established by the law. on Counsel for the Petitioner(S); 1.P NANILU NAIDU Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following; 3 Order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;- “....to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondent Nos. 1 to 3 in interfering over the ongoing civil disputes without observing the pendency of the civil suits in E.P.No.50 of 2022 in O.S.No.246 of 2015 on the file of Add!. Senior Civil Judge, Anakapalli, thereby not allowing the petitioners herein into the suit schedule property, unauthorizedly, as without having any authority is as illegal, arbitrary and violation of Fundamental Rights of the petitioners guaranteed in the Constitution of India and consequently, direct the respondent police not to interfere over the civil disputes pending with the parties connected to E.P.No.50 of 2022 in O.S.No.246 of 2015 on the file of Add!. Senior Civil Judge, Anakapalli and thereby to allow the petitioners herein into the suit schedule property situated in Sy.No.121/17 admeasuring to an extent of Ac.28-14 cents (Item no.1), Sy.No.117/4 to an extent of 15 72 cents (Item no. 2) and Sy.No.117/4 to an extent of Ac.0.6 cents (Item no.3) situated in Gopalapuram Village, Sabbavaram Sub District, Ankapalle District except by following due procedure established by the law. ” Heard, Sri P. Nanilu Naidu, learned, learned counsel appearing on 2. behalf of petitioners and Sri P. Ajay Babu, learned Government Pleader for Home. Grievance of the Writ Petitioner is that the official respondent Nos.1 3. to 3 are interfering with the ongoing civil disputes between the petitioners and unofficial respondents without minding that a civil proceedings are 4 pending in E.P.No.50 of 2022 in O.S.No.246 of 2015 on the file of the learned Additional Senior Civil Judge, Anakapalli. To substantiate his arguments that police are interfering with the civil disputes, learned counsel for the petitioners drawn attention of this Court to the photographs showing concern police officer interacting with the parties. 4. On the other hand, learned Assistant Government Pleader for Home, in pursuance to the lunch motion, has obtained instructions which shows that in furtherance to the Public Grievance Reddressal System petition filed by the Respondent No.4, who is admittedly a party in the EP proceedings, Sub-Inspector of Police concerned has visited the said place since petition should be acted upon when once it is lodged. He further asserts that there is no truth in the submission of the learned counsel for the petitioners that the official respondents are interfering with the civil disputes pending between both the parties. Learned Assistant Government Pleader also projects saying that the official respondents are well within their limits and the said issue was closed by duly intimating the 4'^^ respondent that the issue is civil in nature and advised to approach appropriate forum to settle the dispute. The written instructions so produced reveals that the grievance of the petitioners in PGRS petition is addressed through a letter by the Sub- Inspector of Police, dated 29.09.2025 that, the petition is dosed as ‘civil 5. 6. 5 nature’. There is no cavil of doubt that the civil dispute should not be interfered by the police as held by this Court in B. Vaheeda v. State of A.P.V Since there is no more res Integra on the above, it is apposite to direct that the official respondents not to interfere with the civil disputes between the petitioners and un-official respondents, when evidently E.P.No.50 of 2022 in O.S.No.246 of 2015 is pending on the file of the learned Additional Senior Civil Judge, Anakapalli. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ' 7. ' 2020 Law Suit (AP) 398 Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR. //TRUE COPY// SECTION OFFICER To, Home 'Department, State of 1. The Principal Secretary to Government, Andhra Pradesh, AP Secretariat Buildings, At Amaravathi, Guntur district, Andhra Pradesh. 2. The siuperintendent of Police, Ankapalli, Anakapalli District, Andhra Pradesh. 3. The Station House Officer, Anakapalli F^ural Police Station, Anakapalli Mandal, Anakapalli District, Andhra Pradesh. 4. One CC to Sri P. Nanilu Naidu, Advocate [OPUC] 5. Two CCS to GP for Home^.High Court of Andhra Pradesh [OUT] 6. Two CD Copies Cnr HIGH COURT DATED:03/10/2025 VACATION COURT ORDER WP NO. 27163 OF 2025 a 0 7 OCT 2025 Co yn-entSectiQQx^y DISPOSING OF THE W.P. WITHOUT COSTS