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2025 DAILYLAW 59031 (AP)

MARAVATHU MADHUSUDHANA RAO v. THE STATE OF ANDHRA PRADESH

WP/28306/2024 · 2025-12-29

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010545722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28306/2024 Between: 1. MARAVATHU MADHUSUDHANA RAO, S/O SESHAGIRI RAO, AGED 66 YEARS, OCC CULTIVATION, R/O D.NO.7-15, SATHIVANI PALEM HAMLET OF NARAVA REVENUE VILLAGE, PENDURTHI MANDAL VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PENDURTHI, VISAKHAPATNAM DISTRICT. 4. THE P L C F PRELITIGATION COUNCIL FORUM, C/O OFFICE OF THE COMMISSIONER OF POLICE, CENTRAL COMPLAINT CELL, VISAKHAPATNAM DISTRICT. 5. THE INSPECTOR OF POLICE, PENDURTHI, PENDURTHI MANDAL,. VISAKHAPATNAM DISTRICT. 6. THE STATION HOUSE OFFICER, PENDURTHI MANDAL,. VISAKHAPATNAM DISTRICT. 7. THE REVENUE DIVISIONAL OFFICER, PENDURTHI, VISAKHAPATNAM DISTRICT. 8. THE TAHSILDAR, , PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 9. NEKKALI GOWRI, W/O NOOK SANKARA RAO, AGED ABOUT 34 YEARS, R/O D.NO.8-10, SATHIVANI PALEM VILLAGE, JAGGAYYA PALEM POST, PENDURTHI MANDAL,. VISAKHAPATNAM DISTRICT. 10. NEKKALI NARASAMMA, W/O GURU MURTHY, AGED ABOUT 38 YEARS, R/O D.NO.7-116/1, SATHIVANI PALEM VILLAGE, JAGGAYYA PALEM POST, PENDURTHI MANDAL,. VISAKHAPATNAM 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 topleased 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 Respondent Nos.2 to 8 in collusion with Respondent Nos.9 and 10 in interfering with Civil dispute and calling the petitioner to the Police Station pertaining to land of the petitioner of an extent of Ac.0.13 cents in Sy. No.371/9 situated in Sathivani Palem hamlet of Narva Village, Pendurthi Mandal, Visakhapatnam District while the matter is pending in O.S. No.84 of 2022 on the file of the Senior Civil Judge, Visakhapatnam, C.M.A. No.13 of 2023 on the file of District Judge, Visakhapatnam and A.S. No.401 of 2019 on the file of District Judge, Visakhapatnam, is illegal, arbitrary and violation of articles 14, 19 (1), 21 and 300-A of the Constitution of India and consequently direct the Respondent Nos.2 to 6 not to interfere in Civil disputes and call the petitioner to the Police Station pertaining to land of an extent of Ac.0.13 cents in Sy.No.371/9 situated in Sathivanipalem, hamlet of Narava Village, Madhurawada Mandal, Visakhapatnam District while the matter is pending in O.S. No.84 of 2022 on the file of the Senior Civil Judge, Visakhapatnam, C.M.A. No.13 of 2023 on the file of District Judge, Visakhapatnam and A.S. No.401 of 2019 on the file of District Judge, Visakhapatnam, in the interest of justice 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 pleased to direct the respondents, particularly the Respondent Nos.2 to 6, not to interfere in Civil disputes pertaining to land of an extent of Ac.0.13 cents in Sy.No.371/9 situated in Sathivanipalem, hamlet of Narava Village, Madhurawada Mandal, Visakhapatnam District while matter is pending in O.S. No.84 of 2022 on the file of the Senior Civil Judge, Visakhapatnam, C.M.A. No.13 of 2023 on the file of District Judge, Visakhapatnam and A.S. No.401 of 2019 on the file of District Judge, Visakhapatnam and to pass Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28306 of 2024 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 Respondent Nos.2 to 8 in collusion with Respondent Nos.9 and 10 in interfering with Civil dispute and calling the petitioner to the Police Station pertaining to land of the petitioner of an extent of Ac.0.13 cents in Sy. No.371/9 situated in Sathivani Palem hamlet of Narva Village, Pendurthi Mandal, Visakhapatnam District while the matter is pending in O.S. No.84 of 2022 on the file of the Senior Civil Judge, Visakhapatnam, C.M.A. No.13 of 2023 on the file of District Judge, Visakhapatnam and A.S. No.401 of 2019 on the file of District Judge, Visakhapatnam, is illegal, arbitrary and violation of articles 14, 19 (1), 21 and 300-A of the Constitution of India and consequently direct the Respondent Nos.2 to 6 not to interfere in Civil disputes and call the petitioner to the Police Station pertaining to land of an extent of Ac.0.13 cents in Sy.No.371/9 situated in Sathivanipalem, hamlet of Narava Village, Madhurawada Mandal, Visakhapatnam District while the matter is pending in O.S. No.84 of 2022 on the file of the Senior Civil Judge, Visakhapatnam, C.M.A. No.13 of 2023 on the file of District Judge, Visakhapatnam and A.S. No.401 of 2019 on the file of District Judge, Visakhapatnam, in the interest of justice and pass.…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the police are interfering with the civil disputes in between the petitioner and the unofficial respondents. Learned counsel would further submit that a direction may be given to the police. 4. Learned Assistant Government Pleader for Home, on written instructions would submit that police are not interfering in the civil disputes between petitioner and the unofficial respondents. 5. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 6. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the petitioner and the unofficial respondents, except under due procedure 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: 30.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.28306 of 2024 Dated.30.12.2025 TVN 289