APHC010705122022 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: 41692/2022 Between: 1. BARATAM SWATHI, W/O BARATAM KIRANKUMAR, AGED 37 YEARS, OCC. HOUSEHOLD, R/o.PLOT No.13, PRAKASH NAGAR, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. 2. BARATAM KIRANKUMAR, S/O BARATAM APPANNASETTI, AGED 44 YEARS, OCC.BUSINESS, R/O.PLOT No.13, PRAKASH NAGAR, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 2. THE DISTRICT COLLECTOR/DISTRICT EXECUTIVE MAGISTRATE, SRIKAKULAM, SRIKAKULAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER/ SUB DIVISIONAL MAGISTRATE, SRIKAKULAM, SRIKAKULAM DISTRICT 4. CIRCLE INSPECTOR, II TOWN, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT. 5. STATION HOUSE OFFICER, II TOWN SRIKAKULAM POLICE STATION, SRIKAKULAM TOWN, AND DISTRICT DISTRICT. 6. BARATAM APPANNA SETTI, S/O LATE NEELAKANTA SWAMY, AGED ABOUT 67 YEARS, PLOT No.13 PRAKASH NAGAR, SRIKAKULAM TOWN, AND SRIKAKULAM 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 appropriate writ, Order or direction, particularly a Writ of Mandamus declaring the action of the respondent No. 4 and 5 in repeatedly calling the petitioners to their police station and to visit the petitioners premises by warning to vacate voluntarily on or before 22.12.2022 otherwise ousted by force from the premises as illegal, irregular and arbitrary, without jurisdiction. violative of Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent not to interfere with the peaceful live and liberty of the petitioners and pass 2 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 Respondent 4 and 5 not to take coercive steps to vacate the petitioners from their premises till the disposal of the un numbered appeal before the 2nd respondent against the order of the 3rd respondent vide proceedings D.P.No.215/2022/E/Dt.22.09.2022 and pass Counsel for the Petitioner(S): 1. UMASANKAR LOKANADHAM Counsel for the Respondent(S): 1. GP FOR HOME 2. V SURENDRA REDDY 3. GP FOR REVENUE 3 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India is filed by the Petitioners, seeking the following relief: “ ... to issue a appropriate writ, Order or direction, particularly a Writ of Mandamus declaring the action of the respondent Nos. 4 and 5 in repeatedly calling the petitioners to their police station and to visit the petitioners premises by warning to vacate voluntarily on or before 22.12.2022 otherwise ousted by force from the premises as illegal, irregular and arbitrary, without jurisdiction. violative of Articles 14 and 21 of Constitution of India and consequently direct the 3rd respondent not to interfere with the peaceful live and liberty of the petitioners and pass ...” At the time of hearing, learned Assistant Government Pleader for Home appearing for respondent State on instructions would submit that Petitioners are wife and husband respectively. Basing on the complaint against the petitioners, respondent No.3 passed an order dated 22.09.2022 to evict the petitioners from the premises of their own house and in that connection appeal is pending before respondent No.2. In the appeal, respondent No.2 passed orders dated 25.02.2023 and therefore, the cause does not survive for adjudication and the writ petition may be disposed of. Learned counsel for the Petitioners is in attendance. In that that view, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 41692 of 2022 05.11.2025 Mjl /*