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2025 DAILYLAW 55476 (AP)

THENEPALLI SOMA SEKHAR ACHARI v. The State of Andhra Pradesh,

WP/38487/2022 · 2025-11-04

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010644732022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 38487/2022 Between: 1. THENEPALLI SOMA SEKHAR ACHARI, S/O.NAGARATNAM ACHARI, AGED 36 YEARS, OCC. CULTIVATION, R/O.DOOR NO.1-66, IRRAMGARIPALLI VILLAGE, PAKALA MANDAL, TIRUPATHI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, TIRUPATHI, TIRUPATHI DISTRICT 3. DEPUTY SUPERINTENDENT OF POLICE, TIRUPATHI, TIRUPATHI DISTRICT., 4. CIRCLE INSPECTOR OF POLICE, PAKALA VILLAGE AND MANDAL, TIRUPATHI DISTRICT., 5. STATION HOUSE OFFICER, PAKALA POLICE STATION, TIRUPATHI DISTRICT. 6. THE PRINCIPAL, GOVERNMENT DEGREE COLLEGE, PAKALA VILLAGE AND MANDAL, TIRUPATHI 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 the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondents 4 and at the instance of 6th respondent in harassing the petitioner by frequently calling and insisting him to visit and stay at their office thereby infringing his fundamental rights to his life and liberty and property as illegal, irregular, irrational, without any authority of law and violative of Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents, particularly Respondent 4 to 6 not to interfere in any manner with his liberty and peaceful living by any means nor interfere with his possession over his agricultural landed property of Ac. 2.75 Cents covered by Sy.No.2343/1B1 and Ac. 0.72 Cents covered 2 by Sy. No. 2343/1B2 of Pakala Revenue Village and Mandal in Tirupathi District and pass IA NO: 1 OF 2022 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 Respondents 4 to 6 not to call the petitioner to their office nor interfere in any manner with his possession over his agricultural landed property of Ac.2.75 Cents covered by Sy.No.2343/181 and Ac.0.72 Cents covered by Sy.No.2343/1B2 of Pakala Revenue Village and Mandal in Tirupathi District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SITA RAM CHAPARLA Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India is filed by the Petitioner, seeking the following relief: “ ... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondents 4 and at the instance of 6th respondent in harassing the petitioner by frequently calling and insisting him to visit and stay at their office thereby infringing his fundamental rights to his life and liberty and property as illegal, irregular, irrational, without any authority of law and violative of Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents, particularly Respondent 4 to 6 not to interfere in any manner with his liberty and peaceful living by any means nor interfere with his possession over his agricultural landed property of Ac. 2.75 Cents covered by Sy.No.2343/1B1 and Ac. 0.72 Cents covered by Sy. No. 2343/1B2 of Pakala Revenue Village and Mandal in Tirupathi District and pass ...” At the time of hearing, Sri V.Farooq, learned Assistant Government Pleader, appearing for respondent State on instructions would submit that seeking quashment of the proceedings in Crime Nos.177 & 181 of 2022 on the file of Pakala Police Station, Tirupati District, Petitioner filed Crl.P.Nos.10051 and 10056 of 2022 and this Court by common order dated 20.12.2022 disposed of the said criminal petitions and directed the police to issue notice to Petitioner under Section 41-A Cr.P.C. Further, the matter relates to civil in nature and that police never interfered in the civil disputes and would submit that necessary orders may be passed by disposing of this Writ Petition. Learned counsel for the Petitioner would submit that recording the said submission, this Writ Petition may be disposed of. 4 In that view, this Writ Petition is disposed of. Respondent Police are directed not to interfere in the civil disputes of the Petitioner except following due process of law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 38487 of 2022 05.11.2025 Mjl /*