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2025 DAILYLAW 56004 (AP)

KANCHERLA GNAGA RAJU v. THE STATE OF ANDHRA PRADESH

WP/16637/2023 · 2025-12-07

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010325562023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. KANCHERLA GNAGA RAJU, S/o Suryanarayana, Age. 57 yrs, Occ. Cultivation, R/o Thimmannagudem Village, Denduluru Mandal, Eluru District. 2. Kancherla Venkateswara Rao,, S/o Suryanarayana, Age. 60 yrs, Occ. Teacher, R/o Thimmannagud 1. THE STATE OF ANDHRA PRADESH, Rep. by its Prl. Secretary, Home Department, Secretarait, Velagapudi, Guntur District. 2. The Superintendent of Police, Eluru District at Eluru. 3. The Station House Officer, Denduluru PS, Eluru District. 4. Chakiri Krishna Kumari, W/o late Peddi Raju, Age. 41 yrs, R/o Dubacherla Village, Nallajerla Mandal, El.uru District. 5. Chakiri Srinivasa Rao, S/o Late Peddi Raju, Age. 23 yrs, R/o D.No.1 Dubacherla Village, Nallajerla Mandal, Eluru District. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16637 OF 2023 1. KANCHERLA GNAGA RAJU, S/o Suryanarayana, Age. 57 yrs, Occ. Cultivation, R/o Thimmannagudem Village, Denduluru Mandal, Eluru District. 2. Kancherla Venkateswara Rao,, S/o Suryanarayana, Age. 60 yrs, Occ. Teacher, R/o Thimmannagudem Village, Denduluru Mandal, Eluru District. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Prl. Secretary, Home Department, Secretarait, Velagapudi, Guntur District. 2. The Superintendent of Police, Eluru District at Eluru. n House Officer, Denduluru PS, Eluru District. 4. Chakiri Krishna Kumari, W/o late Peddi Raju, Age. 41 yrs, R/o Dubacherla Village, Nallajerla Mandal, El.uru District. 5. Chakiri Srinivasa Rao, S/o Late Peddi Raju, Age. 23 yrs, R/o D.No.1 Village, Nallajerla Mandal, Eluru District. ...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 IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KANCHERLA GNAGA RAJU, S/o Suryanarayana, Age. 57 yrs, Occ. Cultivation, R/o Thimmannagudem Village, Denduluru Mandal, Eluru District. 2. Kancherla Venkateswara Rao,, S/o Suryanarayana, Age. 60 yrs, Occ. em Village, Denduluru Mandal, Eluru District. ...Petitioners 1. THE STATE OF ANDHRA PRADESH, Rep. by its Prl. Secretary, Home 4. Chakiri Krishna Kumari, W/o late Peddi Raju, Age. 41 yrs, R/o Dubacherla 5. Chakiri Srinivasa Rao, S/o Late Peddi Raju, Age. 23 yrs, R/o D.No.1-111, ...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 pleased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declare the action of the 3rd respondent call the petitioners to the police station, warning the petitioners not to enter in to the land of the petitioners admeasuring Ac 1.37 cts in Sy.No.14/2B situated at Thimmannagudem Village, Denduluru Mandal, Eluru District and threatening to register criminal cases against the petitioners is illegal, arbitrary and unconstitutional and consequently direct the 3rd respondent not to interfere in the civil matters pertaining to the petitioners land in the interest of justice and pass IA NO: 1 OF 2023 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 pleased to direct the 3rd respondent not to call the petitioners to the police station and not to interfere in civil matters pertaining to the land of the petitioners admeasuring Ac 1.37 cts in Sy.No.14/2B situated at Thimmannagudem Village, Denduluru Mandal, Eluru District pending disposal of the above writ petition and pass Counsel for the Petitioners: M P V N V SASTRI Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16637 OF 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to pleased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declare the action of the 3rd respondent call the petitioners to the police station, warning the petitioners not to enter in to the land of the petitioners admeasuring Ac 1.37 cts in Sy.No.14/2B situated at Thimmannagudem Village, Denduluru Mandal, Eluru District and threatening to register criminal cases against the petitioners is illegal, arbitrary and unconstitutional and consequently direct the 3rd respondent not to interfere in the civil matters pertaining to the petitioners land in the interest of justice and passto pass...…” 2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home on written instructions would submit that a case in Cr.No.212 of 2023, for the offences punishable under Sections 448, 323, 507 r/w 34 IPC was registered against the petitioners on the file of Dendulur Police Station, Eluru. 3. Sri M.P.V.N.V.Sastri, learned counsel for the petitioners would submit that recording the same, this petition may be disposed of. 4. Recording the submission of the learned Assistant Government Pleader for Home, this Writ Petition is disposed of. However, the police are directed not to interfere in the civil dispute except under due process of law. The police are further directed to follow due process of law in respect of the crime which is registered against the petitioner. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 08-12-2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 50 W.P.No.16637 of 2023 Dated.08.12.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.16637 of 2023 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 2. 08.12.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV