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2025 DAILYLAW 58308 (AP)

TANDYALA RAMESH v. The State of Andhra Pradesh

WP/29804/2021 · 2025-10-26

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010495872021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29804 OF 2021 Between: 1. TANDYALA RAMESH, S/o Late Mallesu, Aged 45 years, occ. cultivation, R/o Main Street, Nizambad Village, Gara Mandal, Srikakulam District. 1. The State of Andhra Pradesh, through Principal Secretary (H Secretariat, Velagapudi, Guntur District 2. The Superintendent of Police, Srikakulam District at Srikakulam 3. The Station House Officer, PS GARA, Srikakulam District 4. Tandyala Raja Rao, S/o late Yerrayya, Aged 65 years, occ. Cultivation, R/o Main Street, Nizambad Village, Gara Mandal, Srikakulam 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 pleased to pleased to pass an Mandamus duly declaring the action of the 3rd respondent in interfering in the civil matter and threatening the dispossession from the property vide an extent of about 75 cents situated in Sy No. 25/16 and 25/17 Grama Panchayat, Gara Mandal of Srikakulam District, despite there being an IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 29804 OF 2021 1. TANDYALA RAMESH, S/o Late Mallesu, Aged 45 years, occ. cultivation, R/o Main Street, Nizambad Village, Gara Mandal, Srikakulam District. ...Petitioner AND 1. The State of Andhra Pradesh, through Principal Secretary (H Secretariat, Velagapudi, Guntur District 2. The Superintendent of Police, Srikakulam District at Srikakulam 3. The Station House Officer, PS GARA, Srikakulam District 4. Tandyala Raja Rao, S/o late Yerrayya, Aged 65 years, occ. Cultivation, R/o treet, Nizambad Village, Gara Mandal, Srikakulam 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 pleased to pass an order or direction or writ in the nature of Mandamus duly declaring the action of the 3rd respondent in interfering in the civil matter and threatening the dispossession from the property vide an extent of about 75 cents situated in Sy No. 25/16 and 25/17 of Nizambad Village and Grama Panchayat, Gara Mandal of Srikakulam District, despite there being an IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. TANDYALA RAMESH, S/o Late Mallesu, Aged 45 years, occ. cultivation, R/o Main Street, Nizambad Village, Gara Mandal, Srikakulam District. ...Petitioner 1. The State of Andhra Pradesh, through Principal Secretary (Home) 4. Tandyala Raja Rao, S/o late Yerrayya, Aged 65 years, occ. Cultivation, R/o ...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 order or direction or writ in the nature of Mandamus duly declaring the action of the 3rd respondent in interfering in the civil matter and threatening the dispossession from the property vide an extent of Nizambad Village and Grama Panchayat, Gara Mandal of Srikakulam District, despite there being an injunction order in IA NO. 64/2021 in OS No. 126/2021 on the file of Honourable Junior Civil Jude at Srikakulam, as illegal, arbitrary and against the principles of natural justice and consequently direct the 3rd respondent not to interfere with the civil matters in respect of the above property in the interest of justice and to pass IA NO: 1 OF 2021 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 herein not to interfere with the civil matters in respect of the property vide an extent of about 75 cents situated in Sy No. 25/16 and 25/17 of Nizambad Village and Grama Panchayat, Gara Mandal of Srikakulam Districtin the interest of justice and to pass Counsel for the Petitioner: P RAMA SHARANA SHARMA Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:K B RAMANNA DORA The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29804 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to pass an order or direction or writ in the nature of Mandamus duly declaring the action of the 3rd respondent in interfering in the civil matter and threatening the dispossession from the property vide an extent of about 75 cents situated in Sy No. 25/16 and 25/17 of Nizambad Village and Grama Panchayat, Gara Mandal of Srikakulam District, despite there being an injunction order in IA NO. 64/2021 in OS No. 126/2021 on the file of Honourable Junior Civil Jude at Srikakulam, as illegal, arbitrary and against the principles of natural justice and consequently direct the 3rd respondent not to interfere with the civil matters in respect of the above property in the interest of justice and to pass..…” 2. Heard Sri P.Rma Sharana Sharma, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, learned Assistant Government Pleader would submit that the police are not interfering in the civil disputes between the parties. 4. Recording the same, this writ petition is disposed of. However, the police are directed not to interfere in the civil dispute 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 Dated 27.10.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 317 WRIT PETITION NO: 29804 OF 2021 Dated 27.10.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.29804 of 2021 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 27.10.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV