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2025 DAILYLAW 55579 (AP)

Smt. Kandikatla Vidya Sanjeev, v. The State of Andhra Pradesh,

WP/2288/2024 · 2025-12-04

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010040372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2288/2024 Between: 1. SMT. KANDIKATLA VIDYA SANJEEV,, W/O.SANJEEV KUMAR, AGED ABOUT 55 YEARS, R/O.6/ 103A, ST LUKES ROAD, SANDRINGHAM, AUCKLAND-1025, NEW ZEALAND, REP.BY ITS GPA HOLDER K.LUMUMBA, S/O.MOSHE, AGED 63 YEARS, R/O.D.NO.5-172, MOPARRU VILLAGE, AMRUTHALUR MANDAL, BAPATLA DISTRICT. 2. SETTI BHUSHANA RAO,, S/O.LATE NOOKA RAJU, AGED ABOUT 50 YEARS, R/O.D.NO.44-7-2A, PRASANTHI NAGAR, THATICHETLAPALEM, VISAKHAPATNAM URBAN, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE DGP, ANDHRA PRADESH AT MANGALAGIRI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF POLICE, VISAKHAPATNAM COMMISIONERATE, VISAKHAPATNAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, BHEEMUNIPATNAM POLICE STATION, VISAKHAPATNAM DISTRICT. 2 5. DIVILI RAMESH, S/O.NOT KNOWN TO THE PETITIONERS, CIRCLE INSPECTOR OF POLICE, BHEEMUNIPATNAM POLICE STATION, VISAKHAPATNAM DISTRICT. 6. THE SUBINSPECTOR OF POLICE, BHEEMUNIPATNAM POLICE, STATION, VISAKHAPATNAM DISTRICT. 7. THE TAHSILDAR, BHEEMUNIPATNAM MANDAL, BHEEMUNIPATNAM, VISAKHAPATNAM DISTRICT. 8. GOGINENI SOMESWARA RAO, S/O.LATE VENKATA SUBBAYYA, AGED ABOUT 64 YEARS, RETD.LECTURER, R/O.C-5, PRANATHI APARTMENT, M.E.COLONY, VIJAYAWADA TOWN, KRISHNA DISTRICT. 9. R SATYANARAYANA SUNIL KUMAR, S/O.R.V.RANGA NAYAKULU, AGED ABOUT 46 YEARS, R/O.VARATHIPPA, KOTHAPALLI, KAKINADA, EAST GODAVARI DISTRICT. 10. BUDDALA GURAYYA, S/O.LATE MEKALA APPANNA, AGED 53 YEARS, R/O.D.NO. 14-28/1, GOLLALA THIMMAPURAM, BHEEMUNIPATNAM, VISAKHAPATNAM DISTRICT. 11. BUDDALA VENKATA RAMANA POTTI RAMANA, S/O.BODDODU, AGED 32 YEARS, R/O.D.NO.14-14, GOLLALA THIMMAPURAM, BHEEMUNIPATNAM, VISAKHAPATNAM DISTRICT. 12. POLUMATI PRAVEEN KUMAR, S/O. KUPA RAO, AGED 44 YEARS, R/O.D.NO. 10-53-35, NEHRU NAGAR, VISAKHAPATNAM-530003. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. P DURGA PRASAD Counsel for the Respondent(S): 1. SOURI BABU DUPPATI 2. GP FOR HOME 3. GP FOR REVENUE 4. RAVI CHANDAVARAPU 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2288 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue a Writ of Mandamus, or other appropriate writ, order direction, declaring the action of the respondents 4 to 6 herein in interfering with the land measuring an extent of 968 sq.yards in Sy.No.328/19 situated at Kapuluppada Village, K.Nagarappalem Gram Panchayat, Bheemunipatnam Mandal, Visakhapatnam District by using Police force at behest of the Respondent Nos.8 to 12 by calling the petitioners over phone and by sending his subordinates and threatening the petitioners with dire consequences to settle the civil dispute filed by the Respondent Nos.7 vide OS.No. 164 of 2022 pending on the file of the Court of the Principal Junior Civil Judge, Bheemunipatnam, Visakhapatnam District without any authority or jurisdiction as illegal, arbitrary, unreasonable, without jurisdiction, violative of Articles 14, 21 and 300-A of the Constitution of India and violative of Principles of Natural Justice and consequently direct the official respondents 4 to 6 herein not to interfere with life and liberty of the petitioners and the civil disputes pending between the petitioners and the unofficial Respondent No.8 in respect of the land measuring an extent of 968 sq.yards in Sy.No. 328/19 situated at Kapuluppada Village, K.Nagarappalem Gram Panchayat, Bheemunipatnam Mandal, Visakhapatnam District …” 2. When the matter is taken up for hearing, Sri Souri Babu Duppati, learned counsel for the respondent No.8 would submit that the matter is settled and no further orders are required in this petition. He would further submit that they have filed a memo to that effect. 4 3. Sri V.Farook, learned Assistant Government Pleader for Home, on instructions, would submit that the police are not interfering in the civil disputes between the parties. 4. Sri P.Durga Prasad, learned counsel for the petitioner is in attendance. 5. Recording the same, this Writ Petition is disposed of. No Costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.2288 of 2024 Dated.05.12.2025 UPS 290