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2025 DAILYLAW 55455 (AP)

PUNEM NAGESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/23179/2023 · 2025-12-07

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010448922023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. PUNEM NAGESWARA RAO, S/O SUBBA RAO AGED. 63 YEARS, OCC. AGRICULTURE 2. PUNEM BOSU, S/O SUBBA RAO AGE. 56 YEARS, OCC. AGRICULTURE 3. PUNEM KANNA RAO, S/O SUBBA RAO AGE. 52 YEARS, OCC. AGRICULTURE 4. PUNEM APPA RAO, S/O SUBBA AGRICULTURE 5. PUNEM VENKATESWARA RAO, S/O SUBBA RAO AGE. 46 YEARS, OCC. AGRICULTURE 6. PUNEM BALAJI, S/O PRASAD AGE. 32 YEARS, OCC. AGRICULTURE ALL THE PETITIONERS ARE RESIDING AT . GATTUGUDEM H/O MARRIGUDEM VILLAGE T. NARSAPU MANDAL, ELURU DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, A. P. POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23179/2023 PUNEM NAGESWARA RAO, S/O SUBBA RAO AGED. 63 YEARS, OCC. AGRICULTURE PUNEM BOSU, S/O SUBBA RAO AGE. 56 YEARS, OCC. PUNEM KANNA RAO, S/O SUBBA RAO AGE. 52 YEARS, OCC. PUNEM APPA RAO, S/O SUBBA RAO AGE. 48 YEARS, OCC. PUNEM VENKATESWARA RAO, S/O SUBBA RAO AGE. 46 YEARS, OCC. AGRICULTURE PUNEM BALAJI, S/O PRASAD AGE. 32 YEARS, OCC. AGRICULTURE ALL THE PETITIONERS ARE RESIDING AT . GATTUGUDEM H/O MARRIGUDEM VILLAGE T. NARSAPU MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DIRECTOR GENERAL OF POLICE, A. P. POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PUNEM NAGESWARA RAO, S/O SUBBA RAO AGED. 63 YEARS, PUNEM BOSU, S/O SUBBA RAO AGE. 56 YEARS, OCC. PUNEM KANNA RAO, S/O SUBBA RAO AGE. 52 YEARS, OCC. RAO AGE. 48 YEARS, OCC. PUNEM VENKATESWARA RAO, S/O SUBBA RAO AGE. 46 YEARS, PUNEM BALAJI, S/O PRASAD AGE. 32 YEARS, OCC. AGRICULTURE ALL THE PETITIONERS ARE RESIDING AT . GATTUGUDEM H/O MARRIGUDEM VILLAGE T. NARSAPURAM ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DIRECTOR GENERAL OF POLICE, A. P. POLICE HEAD 3. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT AT ELURU. 4. THE DEPUTY SUPERINTENDENT OF POLICE, JANGAREDDY GUDEM, ELURU DISTRICT. 5. THE INSPECTOR OF POLICE, CHINTHALAPUDI CIRCLE, CHINTHALAPUDI, ELURU DISTRICT. 6. THE STATION HOUSE OFFICER, T. NARSAPURAM POLICE STATION, T. NARASAPURAM VILLAGE AND MANDAL ELURU DISTRICT. 7. THE COLLECTOR CUM DISTRICT MAGISTRATE, ELURU DISTRICT AT ELURU 8. SUBDIVISIONAL MAGISTRATE CUM REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM, ELURU DISTRICT. 9. MANDAL EXECUTIVE MAGISTRATE CUM THASILDAR, T. NARSAPURAM MANDAL,T. NARASAPURAM, ELURU DISTRICT. 10. SRI BOMMADEVARA SRI RAMA VENKATA UDAYA BHASKAR, S/O LATE KODANDA RAMA VENKATA VARA PRASADARAYALU AGE. MAJOR, OCC. POLITICIAN, R/O 11-66, MEHAR STREET, KATTA SUBBA RAO THOTA,GAVARAVARAM, ELURU MANDAL, ELURU DISTRICT. 11. RAVVA MOHAN RAO, S/O VEERASWAMY, AGE. MAJOR, 12. RAVVA DURGA RAO, S/O VEERASWAMY, AGE. MAJOR 13. PUNEM SEKHAR, S/O TIRUPATHI RAO, AGE. MAJOR, 14. PUNEM SIVA, S/O TIRUPATHI RAO, AGE. MAJOR 15. TUTTI BHARATHI, W/O RAMBABU, AGE. MAJOR 16. TUTTI JYOTHI, W/O KRISHNA , AGE. MAJOR 17. TUTTI NARASIMHA RAO, S/O KRISHNA, AGE. MAJOR RES. NO. 11 TO 17 RESIDING AT GATTUGUDEM, H/O MARRIGUDEM VILLAGE, T. NARSAPURAM MANDAL, ELURU 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 5 to 9 in causing interference with the peaceful possession and enjoyment of their land of Ac 20.00 Cents in R. S. No. 9, 11 and 16 of Gattugudem Village, in T. Narasapuram Mandal of Eluru District, as cultivating tenants thereof, pursuant to the Judgment dated 25th March 2014 in ATC No. 3/2008 on the file of Hon'ble Court of Junior Civil Judge, Chinthalapudi, as illegal, irregular, irrational, without any authority of law and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the Petitioners over their said landed property in any manner and 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 pleased to direct Respondents 5 to 9 Not to cause any interference with the peaceful possession, enjoyment of the petitioners over the land of Ac 20.00 Cents in R. S. No. 9, 11 and 16 of Gattugudem Village, in T. Narasapuram Mandal of Eluru District being cultivating tenants thereof, pursuant to the Judgment dated 25th March 2014 in ATC No. 3/2008 on the file of Hon'ble Court of Junior Civil Judge, Chinthalapudi, pending disposal of the main Writ Petition and pas Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. B S N NAIDU 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23179/2023 ORDER: 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 respondents 5 to 9 in causing interference with the peaceful possession and enjoyment of their land of Ac 20.00 Cents in R. S. No. 9, 11 and 16 of Gattugudem Village, in T. Narasapuram Mandal of Eluru District, as cultivating tenants thereof, pursuant to the Judgment dated 25th March 2014 in ATC No. 3/2008 on the file of Hon'ble Court of Junior Civil Judge, Chinthalapudi, as illegal, irregular, irrational, without any authority of law and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the Petitioners over their said landed property in any manner and pass…” 2. Heard Ms.Nimmagadda Revathi, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader for Home, on written instructions would submit that a crime has been registered against the petitioner in Crime No.334 of 2023 under Sections 324 r/w 34 IPC on the file of T.Narasapuram Police lodged by unofficial respondents. Thereafter, basing on the complaint of the petitioner, a case has been registered against Mohan Rava-unofficial respondents in Crime No.335 of 2025 under Section 324 r/w 34 IPC on the file of T.Narasapuram Police Station. He would further submit that except registration of the above said crimes, police are not interfering in the civil disputes between the petitioners and the unofficial respondents. 4. Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 5. Recording the above said submission, the Writ Petition is disposed of. However, police are directed not to interfere in the civil disputes between the parties, except under due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.12.2025 KKV.