APHC010342332023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17472/2023 Between: 1. V MANJUNATH, S/O. C. VENKATESU, AGED ABOUT 24 YEARS, OCC. CULTIVATION, R/O. KALIGANURU VILLAGE, KARLAGATTA POST, SANTHIPURAM MANDAL, CHITTOOR DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI - GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR DISTRICT. 3. THE STATION HOUSE OFFICER, SHANTHIPURAM POLICE STATION, CHITTOOR DISTRICT. 4. SRI VENKATESH, , S/O. PAPANNA, AGED ABOUT . 45 YEARS, OCC. BUSINESS, 5. CHANNARAYAPPA, , S/O. PAPANNA, AGED ABOUT . 42 YEARS, OCC. BUSINESS, 6. GOVINDARAJULU, , S/O. PAPANNA, AGED ABOUT . 30 YEARS, OCC. BUSINESS, 7. SMT MUNILAKSHMI, W/O. VENKATESH, AGED ABOUT 38 YEARS, OCC. HOUSE WIFE, RESPONDENTS NO. 4 TO 7 ARE RESIDENTS OF KARLAGATTA VILLAGE AND POST, SANTHIPURAM MANDAL, 2 CHITTOOR 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 to issue a writ order or direction more particularly a one in the nature of Mandamus declaring the action of the respondent No. 2 and 3 in not considering the petitioner's complaint dated 20.03.2023 against the respondents No. 4 to 7 in respect of illegal trespass into the petitioner's lands admeasuring Ac. 0.89 cents in Sy. No. 3/2B and an extent of Ac. 0.18 cents in Sy. No. 2/2B situated at 77-Thimmiganipalli Village Karlagatta Grampanchayath of Shanthipuram mandal, Chittoor District even though Ad- Interim injunction orders dated 13.12.2022 passed in favour of the petitioner vide I.A. No. 355 of 2021 in O.S. No. 166 of 2021 on the file of the Principal Junior Civil Judge, Kuppam is illegal, arbitrary, unconstitutional and violative of articles 14, 21 85 300-A of the constitution of India., and consequentially to direct the Respondent No. 2 and 3 to take appropriate steps against the Respondents No. 4 to 7 in view of the orders passed in favour of the petitioner vide I.A. No. 355 of 2021 in O.S. No. 166 of 2021 on the file of the Principal Junior Civil Judge, Kuppam, dated 13.12.2022 by duly considering the Online complaint dated 20.03.2023 of the petitioner and to 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 be pleased to direct the Respondent No. 2 & 3 to take appropriate steps against the Respondents No. 4 to 7 in view of the orders passed in favour of the petitioner vide I.A. No. 355 of 2021 in O.S. No. 166 of 2021 on the file of the Principal Junior Civil Judge, Kuppam, dated 12-12-2021 by duly considering the Online Complaint dated 20.03.2023 of the petitioner, pending disposal of the main writ petition and to pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17472 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue a writ order or direction more particularly a one in the nature of Mandamus declaring the action of the respondent No. 2 and 3 in not considering the petitioner's complaint dated 20.03.2023 against the respondents No. 4 to 7 in respect of illegal trespass into the petitioner's lands admeasuring Ac. 0.89 cents in Sy. No. 3/2B and an extent of Ac. 0.18 cents in Sy. No. 2/2B situated at 77-Thimmiganipalli Village Karlagatta Grampanchayath of Shanthipuram mandal, Chittoor District even though Ad-Interim injunction orders dated 13.12.2022 passed in favour of the petitioner vide I.A. No. 355 of 2021 in O.S. No. 166 of 2021 on the file of the Principal Junior Civil Judge, Kuppam is illegal, arbitrary, unconstitutional and violative of articles 14, 21 85 300-A of the constitution of India., and consequentially to direct the Respondent No. 2 and 3 to take appropriate steps against the Respondents No. 4 to 7 in view of the orders passed in favour of the petitioner vide I.A. No. 355 of 2021 in O.S. No. 166 of 2021 on the file of the Principal Junior Civil Judge, Kuppam, dated 13.12.2022 by duly considering the Online complaint dated 20.03.2023 of the petitioner.…” 2. Heard Sri K. Srinivas, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the present petition was filed questioning the action of the respondent police in not considering the complaint of the petitioner against the unofficial respondents, who are interfering with the peaceful possession and enjoyment of the petitioner in the 4 subject land even though there is an interim injunction in favour of the petitioner. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that since it is a civil matter they have not registered any crime basing on the complaint of the petitioner. 5. As can be seen from the record, the interim injunction granted by the Civil Court is an ad-interim injunction which is not passed on merits after hearing both sides. 6. Considering the submissions, this Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedies before the competent Court where the suit is pending. 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: 04.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.17472 of 2023 Dated.04.12.2025 UPS 231