Athili Appala Swamy, v. The State of Andhra Pradesh,
WP/27364/2023 · 2025-12-07
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56835 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56835 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010530712023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27364/2023 Between:
1. ATHILI APPALA SWAMY,, S/O.PEDA VENKATA RAMANA MURTHY, AGED 72 YEARS, OCC- ADVOCATE, R/O.D.NO.36-92-36/2, KAMAKSHI NAGAR, NEAR POLYTECHNIC COLLEGE, VISAKHAPATNAM, REP.BY HIS GPA HOLDER M.VEERA VENKATA SUBRAHMANYAM, S/ O.SATYANARAYAN, AGED ABOUT 50 YEARS, R/ O.D .NO.39-11- 16/19, ISPAT TOWERS, NEAR BRUNDAVAN PARK, MURALI NAGAR, VISAKHAPATNAM DISTRICT
2. M.VEERA VENKATA SUBRAHMANYAM, S/O.SATYANARAYAN, AGED ABOUT 50 YEARS, R/O.D.NO.39-11-16/19, ISPAT TOWERS, NEAR BRUNDAVAN PARK, MURALI NAGAR, VISAKHAPATNAM DISTRICT. 3. MUDURNURU SRINIVASA RAJU,, S/O.PERRAJU, AGED ABOUT 39 YEARS, R/O.D.NO.5-79, INDIRAMMA COLONY, PENDURTHI, VISAKHAPATNAM DISTRICT. 4. KARRI KRISHNAM RAJU,, S/O.JAGANNADHA RAO, AGED ABOUT 39 YEARS, R/O.D.NO.39-2-15/2, KRISHNA RESIDENCY, MURALI NAGAR, 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, DUVVADA POLICE STATION, DUVVADA, VISAKHAPATNAM DISTRICT. 5. SRI BOOLA SRINIVSA RAO, S/O.NOT KNOWN TO THE PETITIONER, CIRCLE INSPECTOR OF POLICE, DUVVADA POLICE STATION, DUVVADA, VISAKHAPATNAM DISTRICT. 6. THE SUBINSPECTOR OF POLICE, DUVVADA POLICE, STATION, DUVVADA, VISAKHAPATNAM DISTRICT. 7. BUDDARAJU VARAHA VENKATA NARAYANA RAJU, S/O.LATE SURYANARAYANA RAJU, AGED 75 YEARS, R/O.D.N0.49-38-11A, NGGOS COLONY, AKKAYYAPALEM, VISAKHAPATNAM DISTRICT. 8. PAKALAPATI LAKSHMI DEVI, W/O.LATE SUBBA RAJU, AGED 73 YEARS, R/O.D.NO.49-36-19, NGGOS COLONY, AKKAYYAPALEM, VISAKHAPATNAM. 9. CHINTALAPATI SARASWATHI DEVI, W/O.SURYANARAYANA RAJU, AGED 71 YEARS, R/O.D.NO.14-20, MAHARANIPETA, VISAKHAPATNAM DISTRICT. 10. BUDDARAJU VENKATA RATNAM, D/O.LATE SURYANARAYANA RAJU, AGED 69 YEARS, R/O.D.NO.49-36-19, NGGOS COLONY, AKKAYYAPALEM, VISAKHAPATNAM DISTRICT. 11. BUDDARAJU RAMAKRISHNA RAJU, S/O.LATE SURYANARAYANA RAJU, AGED 65 YEARS, R/O. D.NO.49-36-19, NGGOS COLONY, AKKAYYAPALEM, VISAKHAPATNAM DISTRICT, REP. BY ITS HIS GPA HOLDER PAKALAPATI NITYANAND, S/O.LATE SUBBA RAJU, AGED 42 YEARS, R/O.D.NO.49-36-19, NGGOS COLONY, AKKAYYAPALEM, VISAKHAPATNAM DISTRICT. 12. BUDDARAJU VENKATA NARAYANA RAJU, S/O.LATE RANGA RAJU, AGED 71 YEARS, R/O.FLAT.NO.104, D.NO.45-48-18 86 19, SSRK TOWERS, ABID NAGAR, AKKAYYAPALEM, VISAKHAPATNAM. 13. BUDDARAJU MANJULA, W/O.LATE B.V.S.RAJENDRA VARMA, AGED 51 YEARS, R/O.FLAT.NO.306, D.NO.45-48-18 86 19, SSRK TOWERS, ABID NAGAR, AKKAYYAPALEM, VISAKHAPATNAM. 14. DANTULURI USHA DEVI, W/O.VENKATA SURYANARAYANA RAJU, AGED 63 YEARS, R/O.FLAT.NO.106, D.NO.45-48-18 86 19, SSRK TOWERS, ABID NAGAR, AKKAYYAPALEM, VISAKHAPATNAM. 15. UPPALAPATI JYOTHI DEVI, W/O.RAMAKRISHNA RAJU, AGED 61 YEARS, R/O.FLAT.NO.305, D.NO.45-48-18 86 19, SSRK TOWERS, ABID NAGAR, AKKAYYAPALEM, VISAKHAPATNAM. 16.
SAGIRAJU LALITHA DEVI, W/O.DURGESH RAJU, AGED 55 YEARS, R/O.FLAT.NO.205, D.NO.45-48-18 86 19, SSRK TOWERS, ABID NAGAR, AKKAYYAPALEM, VISAKHAPATNAM, REP.BY HER HOLDER BUDDARAJU MURALI RAJU, S/O.RANGA RAJU, AGED 64 YEARS, R/O.FLAT.NO.206, D.NO.45-48-18 86 19, SSRK TOWERS, ABID NAGAR, AKKAYYAPALEM, VISAKHAPATNAM. 17. BUDDARAJU MURALI RAJU, S/O.LATE RANGA RAJU, AGED 64 YEARS, R/O.FLAT.NO.206, D.NO.45-48-18 86 19, SSRK TOWERS, ABID NAGAR, AKKAYYAPALEM, VISAKHAPATNAM
...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 a Writ of Mandamus, or other appropriate writ,
order or direction, declaring the action of the respondents 4 to 6 herein in interfering with the land an extent of Ac.1.09 cents in Sy.No.39/1C of Kurmannapalem, Gajuwaka Mandal, Visakhapatnam District by using Police force at behest of the Respondent Nos.7 to 17 by calling the petitioners over phone and by sending his subordinates to come to the police station in the pretext of investigation in FIR.No.257 of 2023 and threatening the petitioners with dire consequences to settle the civil dispute filed by the Respondent Nos.7 to 17 vide OS.No.18 of 2023 on the file of the Court of the Principal Senior Civil Judge, Gajuwaka, 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 3 to 6 not to interfere with civil disputes pending between the petitioners and the unofficial Respondents 7 to 17
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 Respondents 3 to 6 herein not to interfere with the possession and enjoyment of the petitioners over the land an extent of Ac.1.09 cents in Sy.No.39/ 1C of Kurmannapalem, Gajuwaka Mandal, Visakhapatnam District which is subject matter of Civil Case filed by the Respondents 7 to 17 pending before the Principal Senior Civil Judge, Gajuwaka, Visakhapatnam District in OS.No.18 of 2023, pending disposal of the writ petition Counsel for the Petitioner(S):
1. P DURGA PRASAD Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27364/2023
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue a Writ of Mandamus, or other appropriate writ,
order or direction, declaring the action of the respondents 4 to 6 herein in interfering with the land an extent of Ac.1.09 cents in Sy.No.39/1C of Kurmannapalem, Gajuwaka Mandal, Visakhapatnam District by using Police force at behest of the Respondent Nos.7 to 17 by calling the petitioners over phone and by sending his subordinates to come to the police station in the pretext of investigation in FIR.No.257 of 2023 and threatening the petitioners with dire consequences to settle the civil dispute filed by the Respondent Nos.7 to 17 vide OS.No.18 of 2023 on the file of the Court of the Principal Senior Civil Judge, Gajuwaka, 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 3 to 6 not to interfere with civil disputes pending between the petitioners and the unofficial Respondents 7 to 17…”
2. Heard Sri Bonu Rama Shankar Rao, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3. The learned counsel for the petitioner would submit that, it is a case of interference of police in the civil disputes.
4. Learned Assistant Government Pleader for Home, on written instructions would submit that a crime has been registered against the petitioners in Crime No. 257 of 2023 for the offence punishable under
Sections 147, 447, 427,506, 509 r/w 34 IPC on the file of Duvavada Police Station lodged by one Buddaraju Murali Raju-respondent No.17. He would further submit that the police are neither interfering in the civil disputes between the petitioners and the unofficial respondents nor threatened the petitioners to settle the civil disputes between them.
4.
Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.
5. Recording the above said submission, the Writ Petition is disposed of. However, police are directed not to interfere in the civil disputes between the parties except under due process of law. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.12.2025 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
292
WRIT PETITION NO: 27364/2023
Date: 08.12.2025 KKV
HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: WRIT PETITION NO: 27364/2023 PROCEEDING SHEET Sl. No. Date
ORDER OFFICE NOTE
08.12.2025
Dr.VJP,J
The Writ Petition is disposed of.
(vide separate order)
________ Dr.VJP,J KKV