APHC010468182017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 24120/2017 & WRIT PETITION NO.12212/2017 WRIT PETITION NO: 24120/2017 Between: 1. THOTAKURA JAGAN MOHAN RAO @ JAGGAIAH, S/O. RAYUDU, AGED ABOUT 51 YEARS, OCC: CULTIVATION, R/O. D.NO.6-43/2, SRIRAMPURAM, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT. 2. THOTAKURA BALAJI, S/O. VENKATESWARA RAO AGED ABOUT 41 YEARS, OCC: CULTIVATION R/O. D.NO.6-60, SRIRAMPURAM RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT SECRETARIAT, VELAGAPUDI VILLAGE AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, RAJAMAHENDRAVARAM URBAN DISTRICT RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 3. TJE STATION HOUSE OFFICER RAJANAGARAM POLICE STATION, EAST GODAVARI DISTRICT. 4. NAIDU VENKATA RAMANI, W/O. NAGESWARA RAO AGED ABOUT 47 YEARS, OCC: HOUSE WIFE R/O. KALIMIREDDYVARI STREET, INNESPETA RAJAHMUNDRY, EAST GODAVARI 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 one in nature of Writ of Mandamus, declaring the action of the 3rd respondent in interfering with the civil disputes pending between the petitioners and the 4th respondent in respect of the land measuring Ac.3-79 cents in RS No.862/2 of Srirarnpurarn village, H/o. Palacharla, Rajanagaram Mandal, East Godavari district is as illegal, contrary to law and violative of Article 300-A of Constitution of India as well as principles of natural justice and for a consequential order directing the 3rd respondent not to interfere with the civil disputes pending between the petitioners and the respondent in respect of the land measuring Ac.3-79 cents in RS No.862/2 of Srirampurani village H/o. Palacharla, Rajanagaram Mandal, East Godavari district and pass such other order or orders may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2017(WPMP 29850 OF 2017) 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 to direct the respondent not to interfere with the civil disputes pending between the petitioners and the 4th respondent in respect of the Land measuring Ac.3- 79 cents in RS No.862/2 of Srirampuram village, H/o. Palacharla, Rajanagaram Mandal, East Godavari district pending disposal of the above writ petition and pass such other order or orders may deem fit and proper in the circumstances of the case. Counsel for the Petitioner(S): 1. VENKAT CHALLA Counsel for the Respondent(S): 1. ALMAS BEGUM MOHAMMED 2. GP FOR HOME (AP) WRIT PETITION NO: 12212/2017 Between: 1. NAIDU VENKAITA RAMANI, W/O NAGESWARA RAO, AGED ABOUT 47 YEARS, OCC: HOUSE WIFE, RESIDENT OF KALIMIREDDYVARI STREET, INNESPETA, RAJAHMUNDRY, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE,RAJAHMAHENDRAVARAM URBAN DISTRICT, RAJAHMAHENDRAVARAM, EAST GODAVARI DISTRICT. 3. THE STATION HOUSE OFFICER, RAJANAGARAM POLICE STATION, EAST GODAVARI DISTRICT. 4. SRI PATTAMSETTI SATYANARAYANA CHITTODU, S/O SUIYANARAYANA, AGED ABOUT 45 YEARS, OCC: CULTIVATION, RESIDENT OF D.NO.5-265, SRIRAMPURAM, PALACHERLA VILLAGE, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 5. SRI PATTAMSETTY VENKATESWARA RAO, S/O SURYANARAYANA, AGED ABOUT 47 YEARS, OCC: CULTIVATION, RESIDENT OF D.NO.80-23-10/2, JAYASRI GARDENS, RAJAHMAHENDRAVARAM, EAST GCDAVARI DISTRICT, ANDHRA PRADESH. 6. SRI THOTAKURA JAGAN MOHAN RAO JAGGAIAH, S/O RAYUDU, AGED ABOUT 51 YEARS, OCC: CULTIVATION, RESIDENT OF D.NO.6-43/2, SRIRAMPURAM, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 7. THOTAKURA BALAJI, S/ O VENKATESWARA RAO, AGED ABOUT 41 YEARS, OCC: CULTIVATION, RESIDENT OF D.NO.6- 60, SRIRAMPURAM, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...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 an appropriate Writ, order or Direction, more particularly in the nature of Writ of Mandamus declaring inaction of the official respondents to provide protection to pluck the fruits i.e., Lemon and Cashew nut from the garden land i.e., Ac.3.79 cents in R.S.No.862/ 2, situated at SrirampurarrL village, H/o Palacherla, Rajanagaram Mandal, East Godavari District of the petitioner in spite of having injunction orders against the unofficial respondents and after successful filing of the charge sheet in the crime bearing FIR No.198 of 2016 by the officials respondents, wherein the unofficial respondents are still continuing the said crime without any obstruction from the official respondents as illegal, unjust, unconstitutional and against the procedures of law and against the principles of natural justice and consequently direct the officials respondents to restrain the acts of the unofficial respondents forcibly entering into the above mentioned garden property of the petitioner and to pass IA NO: 1 OF 2017(WPMP 15174 OF 2017 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 to direct the official respondents to provide protection to pluck the fruits ie., Lemon and Cashew nut from the garden land ie., Ac. 3.79 cents in Rs.No.82/2, situated at Srirampuram Village, H/o Palacherla, Rajaanagaram Mandal, East Godavari District of the petitioner pending disposal of the main WP., and pass IA NO: 2 OF 2017(WPMP 19145 OF 2017 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 to direct the official respondents to provide protection pluck the fruits i.e., Lemon and Cashew nut from the garden land i.e., Ac.3.79 cents in R.S.No.862 /2, situated in Srirampuram village H / o Palacherla, Rajanagararn Mandal East Godavari District of the petitioner and also to take action against the unofficial respondents who are illegally trespassing encroaching in our garden land as and when as per their wish and gaining illegally by plucking the lemons and other riped fruits from the schedule property, thereby threatening with dire consequences, pending disposal of the Writ petition and pass Counsel for the Petitioner: 1. ALMAS BEGUM MOHAMMED Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. P RAJESH BABU 3. VENKAT CHALLA The Court made the following: THE HON’BLE SRI JUSTICE BATTU DEVANAND Writ Petition Nos.24120 & 12212 of 2017 COMMON ORDER: Ms.Harsitha, learned counsel, representing Sri Venkat Challa, learned counsel appearing for the petitioners in W.P.No.24120 of 2017 and respondent Nos.6 and 7 in W.P.No.12212 of 2017, on instructions, would submit that in view of the subsequent developments happened during the pendency of these writ petitions, these writ petitions have become infructuous. 2. Submission of the learned counsel for the petitioners in W.P.No.24120 of 2017 and respondent Nos.6 and 7 in W.P.No.12212 of 2017 is placed on record. 3. Accordingly, these Writ Petitions are dismissed as infructuous. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in these Writ Petitions shall stand closed. _____________________________ JUSTICE BATTU DEVANAND Date: 28.11.2025 PGR THE HON’BLE SRI JUSTICE BATTU DEVANAND W.P. Nos.24120 & 12212 of 2017 Date: 28.11.2025 PGR