APHC010669162022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 39724/2022 Between: 1. A VENKAT SUBBA RAO, S/O LATE ANNE NAGABHUSHANAM, AGED ABOUT 75 YEARS, OCCUPATION AGRICULTURE, R/ O. 3-44, RAMALAYAM STREET, KESARAPALLY VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT, A.P. ...PETITIONER AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, HOME DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, GANNAVARAM SUB DIVISION POLICE OFFICE, GUDAVALLY, VIJAYAWADA RURAL, KRISHNA DIST. 3. THE STATION HOUSE OFFICER, , GANAVRAM POLICE STATION, GANAVARAM, KRISHNA DISTRICT. 4. A UMAMAHESWARI, W/ O. SATYNARAYANA PRASAD, AGED ABOUT 60 YEARS, OCC. HOUSE WIFE, R/O. D.NO.15-89, KAMALA NAGAR, ANANTHAPURDIST, A.P. ...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 grant writ order or orders more particularly in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent who is preventing petitioner from entering the agriculture lands and issuing letter to Tasildar, Ganavaram on cooked up issues as illegal, arbitrary and high- handed, apart from being in violation of Articles 14 , 21 of Constitution of India with a consequential prayer to set aside the MC No.100/2022 dt.16- 7-2022 or if any issued by the 3rd respondent while making it clear that the R-3 does not have power to interfere the enjoyment of the petitioner of lands in Sy.No.385/6 Ac.1-78 Cents Sy.No.385/7 Ac.1-12 Cents Sy.No.212/8A, Ac.0.34 cents SY.No.221/9, Ac.0.24 Cents Sy.No.118/1, Ac.2.00 Cents Sy.No.472/3, Ac.1.22 Cents Sy.No.98/6, Ac.1.95 Cents 2 Sy.No.98/3, Ac.0.37 Cents Sy.No.383/5, Ac.5.34 cents and total of extent of Ac.14.36 cents situated at Keserapally Village, Gannavaram Mandal, Krishna District, till the disposal of the Writ Petition filed by the Petitioner IA NO: 1 OF 2022 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 restrain the 3rd Respondent or subordinates agents from preventing the petitioner his wo*ers from continuing agricultural operations including harvesting of paddy crop in Sy.No.385/6 Ac.1-78 Cents Sy.No.385/7 Ac.1-12 Cents Sy.No.212/8A, Ac.0.34 cents SY.No.221/9, Ac.0.24 Cents Sy.No.118/1, Ac.2.00 Cents Sy.No.472/3, Ac.1.22 Cents Sy.No.98/6, Ac.1.95 Cents Sy.No.98/3, Ac.O.37 Cents Sy.No.383/5, Ac.5.34 cents and total of extent of Ac.14.36 cents situated at Keserapally Village, GannavaramMandal, Krishna District, till the disposal of the Writ Petition filed by the Petitioner before this Hon'ble Courtmay deem fit and proper in the interest of justice. Counsel for the Petitioner: 1. PONNADA SREE VYAS Counsel for the Respondent(S): 1. GP FOR HOME 2. K V ADITYA CHOWDARY 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioner seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to grant writ order or orders more particularly in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent who is preventing petitioner from entering the agriculture lands and issuing letter to Tasildar, Ganavaram on cooked up issues as illegal, arbitrary and high-handed, apart from being in violation of Articles 14 , 21 of Constitution of India with a consequential prayer to set aside the MC No.100/2022 dt.16-7-2022 or if any issued by the 3rd respondent while making it clear that the R-3 does not have power to interfere the enjoyment of the petitioner of lands in Sy.No.385/6 Ac.1-78 Cents Sy.No.385/7 Ac.1-12 Cents Sy.No.212/8A, Ac.0.34 cents SY.No.221/9, Ac.0.24 Cents Sy.No.118/1, Ac.2.00 Cents Sy.No.472/3, Ac.1.22 Cents Sy.No.98/6, Ac.1.95 Cents Sy.No.98/3, Ac.0.37 Cents Sy.No.383/5, Ac.5.34 cents and total of extent of Ac.14.36 cents situated at Keserapally Village, Gannavaram Mandal, Krishna District, till the disposal of the Writ Petition filed by the Petitioner ....” Heard learned counsel for the Petitioner and learned Assistant Government Pleader appearing for respondent State. Perused the material on record. At the time of hearing, learned counsel for the Petitioner would submit that this Court by Order dated 13.12.2022 directed respondents 2 and 3 not to interfere in the agricultural activities of the Petitioner till the orders are passed by the Tahsildar. In the light of the said interim order, no further orders are necessary and this Writ Petition may be disposed of by passing appropriate orders. Learned Assistant Government Pleader for Home on written instructions would submit that case and counter cases are pending against the Petitioner and 4 unofficial respondents. Further, respondent Police never prevented the Petitioner to enter the subject agricultural lands and Police never interfered in the civil disputes between the parties and requested to dispose of this Writ Petition by passing appropriate orders. In that view, this Writ Petition is disposed of. Parties are liberty to work out their remedies before appropriate forum according to law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 39724 of 2022 13.11.2025 Mjl /*