CUDDAPAH SWARNAKUMARI v. THE STATE OF ANDHRA PRADESH
WP/27164/2025 · 2025-11-12
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55796 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55796 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010531352025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27164/2025 Between:
1. CUDDAPAH SWARNAKUMARI, D/O. V. SIVANARAYANA, AGED 52, R/O. HOUSE NO. 9-294, TAKKELLAPADU VILLAGE, PEDAKAKANI MANDAL, GUNTUR DISTRICT. 2. MOPARTHY KAMALA KUMARI,, W/O. CHENCHU RAMAIAH (LATE), AGED 68, R/O. HOUSE NO. 9-294, TAKKELLAPADU VILLAGE, PEDAKAKANI MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF HOME, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE SUPERINTENDENT OF POLICE, GUNTUR, GUNTUR DISTRICT. 3. THE STATION HOUSE OFFICER, PEDAKATVANI POLICE STATION, GUNTUR DISTRICT. 4. THE SUBINSPECTOR OF POLICE, PEDAKAKANI POLICE STATION, GUNTUR DISTRICT. 5. SMT ATHOTA SAROJINI, W/O SAMBASIVARAO, AGED ABOUT 65 YEARS, R/O. FLAT NO. 13 SITARA APARTMENTS, 6/14 BRODIPET, GUNTUR. 6. SMT NUKAVARAPU BHARATHI, W/O. SEETHARAMAIAH, AGED ABOUT 70 YEARS, R/O. TAKKELLAPADU VILLAGE, PEKAKAKANI
MANDAL GUNTUR DISTRICT. 7. ATHOTA SRIDHAR, S/O. SAMBASIVARAO, AGED ABOUT 45 YEARS R/O. FLAT NO. 13 SITARA APARTMENTS, 6/14 BRODIPET, GUNTUR.
...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 particularly one in the nature of writ of mandamus declaring the action of respondents 3 and 4 in calling the petitioners to police station, threatening to dispossess them from their residential house bearing FI.No. 9-294, Takkellapadu Village, Pedakakani Mandal, Guntur District and to handover the same to respondents 5 to 7 as illegal, arbitrary, unconstitution al and without jurisdiction and consequently direct respondents 1 to 4 not to interfere with the peaceful possession and enjoyment of the petitioners over the said house property and further direct them to afford necessary police protection to the petitioners against any illegal interference or threat by respondents 5 to 7 or their henchmen and to pass such IA NO: 1 OF 2025 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 may be pleased to direct the respondents 3 and 4, not to in any manner interfere with the petitioners’ peaceful possession and enjoyment of their residential house bearing H.No.9-294, situated in D.No.145 of Takkellapadu Village, Pedakakani Mandal, Guntur District, at the instance of respondents 5 to 7 pending disposal of the writ petition and to pass such Counsel for the Petitioner(S):
1. P SAI SURYA TEJA Counsel for the Respondent(S):
1. GP FOR HOME
2.
MADHAVA RAO NALLURI
The Court made the following: ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“....pleased to issue a writ, order or direction particularly one in the nature of writ of mandamus declaring the action of respondents 3 and 4 in calling the petitioners to police station, threatening to dispossess them from their residential house bearing FI.No. 9-294, Takkellapadu Village, Pedakakani Mandal, Guntur District and to handover the same to respondents 5 to 7 as illegal, arbitrary, unconstitution al and without jurisdiction and consequently direct respondents 1 to 4 not to interfere with the peaceful possession and enjoyment of the petitioners over the said house property and further direct them to afford necessary police protection to the petitioners against any illegal interference or threat by respondents 5 to 7 or their henchmen and to pass such”
2. Heard P.Sai Surya Teja, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that crime is registered against the brother of the petitioner. Petitioner was called to the Police Station in that regard. No crime is registered against the petitioner and Police are not interfering between the civil disputes. 4. Recording the same, the writ petition is disposed of. However, Police are directed not to involve in the civil disputes between the parties except under due process of law. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 13.11.2025 M K K
168
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Writ Petition No.27164 of 2025
Dated: 13.11.2025
M K K