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High Court of Andhra Pradesh · body

2025 DAILYLAW 58910 (AP)

Abdul Khayyum, v. The State of Andhra Pradesh,

WP/10111/2019 · 2025-12-28

B V L N Chakravarthi

body2025

Judgment text

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APHC010227282019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 10111/2019 Between: 1. ABDUL KHAYYUM,, S/O.ABDUL RAHIM, AGED 55 YEARS, OCC AGRICUTLURE, R/O.ABCLUI RAHIM STREET, PEDANA, PEDANA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARA VATHI, GUNTUR DISTRICT.. 2. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT AT MACHILIPATNAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KRISHNA DISTRICT AT MACHILIPATNAM. 4. THE SUBINSPECTOR OF POLICE, PEDANA POLICE STATION, PEDANA, KRISHNA DISTRICT. 5. SINGARAJU NAGABUSHANA RAO, S/O.LATE SESHAGIRI RAO, AGED ABOUT 80 YEARS, R/O.PEDANA KRISHNA DISTRICT NOW RESIDING AT 18-6-5, VAKKALANKAVARI VEEDHI, VIJAYAWADA, KRISHNA DISTRICT. ...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 toto issue a Writ of Mandamus or any other appropriate Writ, Order or direction, declaring action of the respondents 2 to 4 herein in threatening and inferring with the peaceful possession of the petitioner herein in respect of the lands situated in R S No. 124/3 in an extent of Ac. 0-38 cents, R.S No. 124/2B in an extent of Ac. 0-04 cents, R S No. 124/4B Ac 0-63 cents, R.S No.123/2 Ac. 3-76 cents, R.S No. I I9/3C Ac.0-25 cents and R.S No. 126/D Ac. 2-35 cents total an extent of Ac.7-41 cents situated in Pedana Village, Pedana Mandal, Krishna District as being illegal, arbitrary, 2 unreasonable, violative of Articles 14 and 21 of the Constitution of India and pass IA NO: 1 OF 2019 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 2 to 4 herein not to interfere with the possession of the petitioner in respect of the lands in situated in R S No. 124/3 in an extent of Ac 0.38 cents, R.S No. 124/2B in an extent of Ac. 0¬04 cents, R S No. 124/411 Ac 0-63 cents, R.S No.123/2 Ac. 3-76 cents, R.S No. 119/3C Ac.0-25 cents, and R.S No. 126/D Ac. 2-35 cents total an extent of Ac.7-41 cents situated in Pedana Village, Pedana Mandal, Krishna District, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. P DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.10111 of 2019 ORDER: The present writ petition is filed seeking a Writ of Mandamus or any other appropriate direction, declaring the actions of respondents 2 to 4 in threatening and interfering with the petitioner’s peaceful possession of lands measuring a total of 7.41 acres in R.S. Nos. 124/3 (0.38 acres), 124/2B (0.04 acres), 124/4B (0.63 acres), 123/2 (3.76 acres), 119/3C (0.25 acres), and 126/D (2.35 acres) in Pedana Village, Pedana Mandal, Krishna District, as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India. 2. Heard Sri Ch. Ashok Kumar, learned counsel representing Sri P. Durga Prasad, learned counsel for the petitioner, and Sri R. Mallikarjuna Rao, learned Assistant Government Pleader for Home, representing respondent Nos. 1 to 4. 3. The learned Assistant Government Pleader for Home placed on record the written instructions dated 31.07.2019 and submitted that, based on a complaint by the 5th respondent, Pedana Police Station registered Cr. No. 153/2019 dated 02.07.2019 under Sections 447, 427, and 506 IPC against the petitioner. During the investigation, six witnesses were examined, all corroborating the FIR, and a Notice 4 under Section 41-A Cr.P.C. was issued to the petitioner on 04.07.2019. 4. It is submitted that the investigation is nearly complete, and the charge sheet will be filed at the earliest. Respondent Nos.1 to 4 have not interfered with the petitioner’s possession of the subject lands. It is contended that the petitioner filed the writ petition to divert attention from the investigation and settle personal scores with the 5th respondent. Hence, the respondents prayed for dismissal of the writ petition. 5. In the light of the submissions of the learned Assistant Government Pleader, no further orders are necessary in the writ petition. 6. Accordingly, the Writ Petition is closed at the stage of admission, without going into the merits of the case. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 29th December, 2025 cbn 5 20 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No.10111 of 2019 29th December, 2025 cbn