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2025 DAILYLAW 5590 (AP)

D LAKSHMIDEVI BAI v. The State of Andhra Pradesh,

WP/2726/2025 · 2025-06-26

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010048392025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI | (Special Original Jurisdiction) I FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2726 OF 2025 Between: 1. D. Lakshmidevi Bai, W/o. Katravat Raju Naik Age 33 years, Occ: Junior Assistant, C/o 3-22, Pasupula Thanda, Banaganapalle Mandal, Nandyala District. 2. Katravat Raju Naik, S/o. Katravat Lakshmi Naik, Aged 42 Years, Occ: School Assistant, C/o. 3-22, Pasupula Thanda, Banaganapalle Mandal, Nandyala District. ...Petitioners AND 1. The State of Andhra Pradesh Represented by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Nandyala District, Nandyala. 3. The Deputy Superintendent of Police, Dhone Sub-division, Dhone, Nandyala District. 4. The Station House Officer, Urban PS, Banaganapalle, Nandyala District. 5. S. Buranuddin, S/o, S. Hydumiya, R/o. ward, near S.V. Chaithanya School, Banaganipalli Village and Mandal, Nandyal District. 6. Amjad Basha, S/o Sunar fakir, R/o. 11*'^ ward, near S.V. Chaithanya School Banaganipalli Village and Mandal, Nandyal District. 7. S. Shami, S/o Buranuddin, R/o. ward, near S.V. Chaithanya School, Banaganipalli Village and Mandal, Nandyal District. 8. Sikander Basha, S/o Sunar fakir, R/o. Khajivad, Banaganipalli Village Banaganipalli Mandal, Nandyal District. 9. Arshad Basha alias Athar, S/o Athar Ismail R/o. Venugopal thota, 13*^ ward, Banaganipalli, Nandyal District. 10. Rayalaseema Salaam, S/o. Ramatheertham Rashid, Bustand, Growmore lane, Banaganipalli, Nandyal District. 11. Army Basha, S/o Jaladurgam saheb Jhandamann, Banaganipalli, Nandyal District. R/o. New-RTC R/o. Sivanandi Nagar, beside ...Respondents 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 writ, order or direction, more particularly one in the nature of writ of mandamus declaring the in action of the respondents 2 to 4 in not considering the Representations of the Petitioners dated. 17-01-2025 and 14.01.2025 with regard to criminal trespass and the demotion of the petitioners subject land i.e., an extent of 143.75 square yards of land in D. No. 12-54, Banumukkala village, Banaganapalle Panchayat and Mandal, Nandyala District as illegal, arbitrary and violative of principles of natural justice and consequently directing the Respondent 2 to 4 to take action against representations of the Petitioners dated dt. 17-01-2025 and 14.01.2025 with regard to criminal trespass and demolishing of the petitioners subject land and pass orders. jA NO: 1 OF 9()9R Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the writ petition, the High Court may be pleased to direct the Respondents to take action against -2025 and 14.01.2025 with ’s subject land. SRI GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent Nos.1 to 4 : GP FOR HOME Counsel for the Respondent Nos.S to 11 ; NONE APPEARED The Court made the following order: representations of the Petitioners dated dt. 17-01 trespass and demolishing of the Petitioner regard to criminal Counsel for the Petitioners ; « APHC010048392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 272fi/?n9/^ [3457] Between: 1.D LAKSHMIDEVI BAI, W/0 KATRAVAT RAJU NAIK AGE 33 YRS OCC JUNIOR ASSISTANT, C/0 3-22, PASUPULA THANDA BANAGANAPALLE MANDAL, NANDYALA DISTRICT 2.KATRAVAT RAJU NAIK,, S/0 KATRAVAT LAKSHMI NAIK AGED 42 YRS, OCC SCHOOL ASSISTANT, C/0 3-22, PUSUPULA THANDA BANAGANAPALLE MANDAL, NANDYALA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE NANDYALA. 3. THE DEPUTY SUPERINTENDENT OF POLICE DIVISION, DHONE, NANDYALA DISTRICT 4. THE STATION HOUSE OFFICER, URBAN PS, BANAGANAPALLE NANDYALA DISTRICT. 5. S BURANUDDIN, S/0, S. HYDUMIYA, R/0 WARD, NEAR S.V CHAITHANYA SCHOOL, BANAGANIPALLI VILLAGE AND MANDAL NANDYAL DISTRICT. 6. AMJAD BASHA, S/0 SUNAR FAKIR, R/0 11TH WARD NEAR S V CHAITHANYA SCHOOL BANAGANIPALLI VILLAGE AND MANDAL NANDYAL DISTRICT. 7. S SHAMI, S/0 BURANUDDIN ITS NANDYALA DISTRICT, DHONE SUB- R/0. 11TH WARD, NEAR S.V CHAITHANYA SCHOOL, BANAGANIPALLI VILLAGE AND MANDAL NANDYAL DISTRICT. 8. SIKANDER BASHA, S/0 SUNAR FAKIR , R/0 KHAJIVAD BANAGANIPALLI VILLAGE, BANAGANIPALLI MANDAL, NANDYAL DISTRICT. 9. ARSHAD BASHA ALIAS ATHAR, S/0 ATHAR ISMAIL VENUGOPAL THOTA, 13TH WARD DISTRICT. 10.RAYALASEEMA SALAAM, S/0 RAMATHEERTHAM RASHID NEW-RTC BUSTAND, GROWMORE LANE, BANAGANIPALLI NANDYAL DISTRICT. 11.ARMY BASHA, S/0 JALADURGAM SAHEB R/0 BANAGANIPALLI, NANDYAL R/0. R/0. SIVANANDI 2 BANAGANIPALLI, NANDYAL ...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 writ, order or direction,more particularly one in the nature of writ of mandamus declaring the in action of the respondents 2 to 4 in not considering the Representations of the f ^o'n of the and 14.01.2025 with regard to criminal trespass and the ° petitioners subject land i.e., an extent of 143.75 square yards of land in D. No 12-54, Banumukkala village, Banaganapalle Nandyala District as illegal, arbitrary and violative of justice and consequently directing the Respondent 2 to 4 to take action aoainst representations of the Petitioners dated dt. 17-01-2025 and 14.01.2025 with regard to criminal trespass and demolishing of the petitioners subject land and pass orders and pass etit^n unSr Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court ^ leased to direct the Respondents to take action against representations of the Petitioners dated dt. 17-01-2025 and 14.01.2025 with regard to criminal trespass and demolishing of the Petitioner’s subject land and pass orders and pass Counsel for the Petitioner(S): 1 .GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1.GP FOR HOME NAGAR, BESIDE JHANDAMANN, DISTRICT. \ 3 The Court made the following Order: Learned counsel for the petitioner submits that the 4 respondent has not acted on the complaints of petitioner dated 14.01.2025 and 17.01.2025. Learned Assistant Government Pleader for Home, appearing for respondents 1 to 4, on written instructions, submits that, the 5^^ respondent has filed a complaint against the petitioner and on receipt of the complaint, the police have conducted preliminary investigation and have ascertained that there is civil dispute pending between the petitioner and the unofficial 2. respondents. It is submitted that O.S.No.82 of 2019 was filed by one Mahaboob Bee against the 5'^ respondent. It is submitted that the dispute between the petitioner and the unofficial respondents is civil in nature, and as such the police are not interfering in the matter. Recording the same, the Writ Petition is dosed, leaving it open for the petitioner to redress his grievance before the appropriate authority. There shall be no order as to costs. 3. 4. As a sequel, miscellaneous applications pending, if any, shall Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR stand closed. //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Gajjala Mallikarjuna Reddy, Advocate [OPUC] 2. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 3. Three CD Copies at Amaravati Cnr HIGH COURT DATED:27/06/2025 ORDER WP 2726/2025 3 \ 8 JUL 2025 jc CLOSING THE W.P. WITHOUT COSTS