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2025 DAILYLAW 56982 (AP)

THAKKASEELA ARUNA KUMARI v. THE STATE OF ANDHRA PRADESH

WP/1748/2024 · 2025-12-04

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010029792024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1748/2024 Between: 1. THAKKASEELA ARUNA KUMARI, W/O.RODDA SURESH KUMAR AGED 43 YEARS, OCCIPRIVATE SERVICE R/O.PIOT NO. 13, SIMHAPURI NAGAR DINNE DEVARAPADU VILLAGE KURNOOL MANDAL, KURNOOL DISTRICT ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, AP 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, KURNOOL, AP 4. THE CIRCLE INSPECTOR OF POLICE, KURNOOL TALUQ POLICE STATION, KURNOOL KURNOOL DISTRICT, ANDHRA PRADESH 5. THE SUB INSPECTOR OF POLICE, KURNOOL TALUQ POLICE STATION, KURNOOL KURNOOL DISTRICT, ANDHRA PRADESH ...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 more particularly one in the nature of 2 a writ of mandamus declaring the action of the respondents 4 and 5 in interfering with petitioner and her husbands life and liberty besides Civil Disputes and coercing me to execute Mortgage Deed dt. 19-08-2023 under the guise of arrest in false FIR as highly illegal, arbitrary and violative of Art. 14, 19, 21 and 300A of the Constitution of India and consequently direct the respondents 2 and 3 to cause an enquiry into the illegal acts of the respondents 4 and 5 towards petitioner and her husband and forcible execution of the Mortgage Deed dt. 19-08-2023 and take appropriate action against the respondents 4 and 5 besides directing the respondents 4 and 5 not to interfere with their life and liberty and pass IA NO: 1 OF 2024 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 respondents 4 and 5 not to interfere with petitioner and her family members life and liberty pending disposal of the above writ petition and pass IA NO: 2 OF 2024 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 permit the petitioner to implead the proposed Respondent Nos. 6 and 7 as party Respondents 6 and 7 in W.P.No. 1748/2024 as well as in Interlocutory Applications and pass Counsel for the Petitioner: 1. V SESHA KUMARI Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 1748 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 4 and 5 in interfering with petitioner and her husband’s life and liberty besides civil disputes and coercing me to execute Mortgage Deed dt. 19-08-2023 under the guise of arrest in false FIR as highly illegal, arbitrary and violative of Art. 14, 19, 21 and 300A of the Constitution of India and consequently direct the respondent Nos.2 and 3 to cause an enquiry into the illegal acts of the respondents 4 and 5 towards petitioner and her husband and forcible execution of the Mortgage Deed dt. 19-08-2023 and take appropriate action against the respondents 4 and 5 besides directing the respondents 4 and 5 not to interfere with their life and liberty.…” 2. Heard Ms.V.Sesha Kumari, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint of one Chandra Srinivasa Reddy, a case was registered in Cr.No.398 of 2023 under Sections 420, 406 & 409 r/w 34 of IPC of Kurnool Taluka Urban P.S., against the petitioner and her husband. He would further submit that after due investigation, charge sheet was filed in this matter vide C.C.No.2551 of 2023. Learned Assistant Government Pleader for Home, would further submit that both parties were effected compromise in Lok-Adalt Court, Kurnool on 4 09.09.2023. He would further submit that the police never interfered in the civil disputes between the parties. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the above said submissions, this Writ Petition is disposed of. 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: 05.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.1748 of 2024 Dated.05.12.2025 UPS 249