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2025 DAILYLAW 58214 (AP)

RAMISETTY KOTESWARA RAO v. The State of Andhra Pradesh

WP/28731/2025 · 2025-10-22

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010545102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28731/2025 Between: 1.RAMISETTY KOTESWARA RAO, S/O RAMISETTY POLAIAH, AGED ABOUT 47 YEARS, OCC COOLIE, R/O. DOOR NO.7-123/1, GANDHIPET, CHILAKALURIPET, PALNADU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, PALNADU DISTRICT. NARASARAOPET. 3.THE STATION HOUSE OFFICER, CHILAKALURIPET URBAN POLICE STATION CHILAKALURIPET, PALNADU DISTRICT. 4.K RAMESH BABU CIRCLE INSPECTOR, CHILAKALURIPET URBAN POLICE STATION, CHILAKALURIPET, PALNADU DISTRICT. 5.RAMISETTY YOGITHA SRLIJAKSHMI, ARJA YOGITHA SRI LAKSHMI D/O. ARJA OGESWARAO, AGED ABOUT 46 YEARS, OCC HOUSE WIFE, PLOT NO. 603, SOCIETY COLONY, E.C NAGAR, CHARLAPALLI, HYDERABAD. TELANGANA. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1.KRANTHI KUMAR PASUMARTHI Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28731 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the 3RD and 4TH Respondents in involving civil matters and trying to handover the petitioner property to the 5th respondent by vacate the petitioner from the petitioner property on the guise of the court order is as illegal, arbitrary and violative of principles of natural justice and violative of Art. 21 of the Constitution of India and consequently direct the respondent No.3 and 4 in not involving civil matters and not pressurized the petitioner to vacate from his house in an extent of 130 sq. yards with door No.7-123/1 in Purushothapatnam, Chilakaluripet Town, Palnadu District without there being any court or tribunal orders and pass …” 2. Heard Sri Pasumarthi Kranthi Kumar, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the police are harassing the petitioner to vacate his house. 4. Learned Assistant Government Pleader for Home, on written instructions would submit that basing on the complaint given by the 5th respondent, crime is registered against the petitioner vide Crime No.324 of 2025 for the offences punishable under Section 329(4), 351(2), 79 read with 3(5) BNS of Chilakaluripet Urban Police Station 4 5. Recording the above said submission, the Writ Petition is disposed of. However, the police are directed to follow due process of law against the petitioner. The police are further 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: 23.10.2025. SAB 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.28731 of 2025 Dated.23.10.2025 SAB 734