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2025 DAILYLAW 55356 (AP)

Kothuru Prasada Rao v. The State of Andhra Pradesh

WP/13515/2021 · 2025-10-07

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010236902021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13515 OF 2021 Between: 1. Kothuru Prasada Rao, S/o. Late Kothuru Anantharamaiah, Aged 55 years, occ. Agriculture H No. 3-107, Penugolanu Revenue Village Gampalagudem Mandalam, Krishna District, Andhra Pradesh ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Prl Secretary, Home Department AP Secretariat, Velagapudi, Amaravathi 2. The Superintendent of Police, Krishna District at Machilipatnam 3. The Circle Inspector of Police, Gampalagudem Police Station, Gampalagudem Krishna District 4. The Station House Officer, Gampalagudem Police Station, Gampalagudem Krishna District 5. Kothuru Prabhakar Rao, S/o. Late Kothuru Anantharamaiah, Aged 50 years, occ. Agriculture R/o. Penugolanu Revenue Village Gampalagudem Mandalam, Krishna District, Andhra Pradesh ...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, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents police in interfering into the civil disputes in between the petitioner and unofficial respondent no.5 in connection with the agricultural lands in RS No.603/2 to an extent of Ac.1.10 cents and H.No.3-107 situated at Penugolanu Revenue Village, Gampalagudem Mandalam, Krishna District, Pradesh of the petitioner, at the instance of the respondent 5 without regis, any case and procedure illegally interfering into the petitioner property is arbitrary and against the principles of natural justice and also violation of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents police No.3 and 4 be direct not to harass, interfere with the possession enjoyment of the petitioner property in the interest of justice and to pass IA NO: 1 OF 2021 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 police particularly 3rd respondent not to interfere into the civil litigation in between the petitioner and 5th respondent in connection with the petitioner's agricultural land situated at RS No.603/2 to an extent of Ac.1.10 cents and H.No.3-107 situated at Penugolanu Revenue Village, Gampalagudem Mandalam, Krishna District without following due process of law, pending disposal of the main writ petition, and to pass Counsel for the Petitioner: KONDAPALLI SYAM SUNDER Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:SREENIVASA RAO VELIVELA THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 13515 of 2021 ORDER: 1. This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents police in interfering into the civil disputes in between the petitioner and unofficial respondent no.5 in connection with the agricultural lands in RS No.603/2 to an extent of Ac.1.10 cents and H.No.3-107 situated at Penugolanu Revenue Village, Gampalagudem Mandalam, Krishna District, Pradesh of the petitioner, at the instance of the respondent 5 without regis, any case and procedure illegally interfering into the petitioner property is arbitrary and against the principles of natural justice and also violation of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents police No.3 and 4 be direct not to harass, interfere with the possession enjoyment of the petitioner property...” 2. Heard Sri Syam Sundar Kondapalli, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for respondents. 3. Learned counsel for the petitioner would submit police are interfering in the civil dispute between the petitioner and 5th respondent. 4. Learned Assistant Government Pleader for Home for respondents would submit that police are not interfering in the civil dispute between the parties. 5. Recording the same, the writ petition is disposed of. However, police are directed not to interfere in the civil dispute, except under due process of law. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.10.2025 Dvs THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 242 WRIT PETITION NO: 13515 of 2021 Date: 08.10.2025 Dvs