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2025 DAILYLAW 59236 (AP)

KANTIPUDI BRAHMAIAH CHOWDARY v. THE STATE OF AP

WP/16352/2024 · 2025-12-29

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010325572024 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: 16352/2024 Between: 1. KANTIPUDI BRAHMAIAH CHOWDARY, S/O DURGA PRASAD RAO, AGED ABOUT 36 YEARS, OCC SOFTWARE EMPLOYEE, R/O H.NO.2-74, CHANDREDU, RANGAMPETA MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 2. KANTIPUDI SATYAVATHI, W/O DURGA PRASAD RAO, AGED ABOUT 56 YEARS, OCC HOUSEWIFE, R/O H.NO.2-74, CHANDREDU, RANGAMPETA MANDAL, KAKINADA DISTRICT.(ERSTWHILE EAST GODAVARI DISTRICT). ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,, A.P. SECRETARIAT, VELAGAPUDI AT AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, AT KAKINADA, (ERSTWHILE EAST GODAVARI DISTRICT). 3. THE DEPUTY SUPERINTENDENT OF POLICE, PEDDAPURAM, KAKINADA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT) 4. THE STATION HOUSE OFFICER, JAGGAMPETA POLICE STATION, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 5. KANTIPUDI SREEDEVI, W/O KANTIPUDI BRAHMAIAH CHOWDARY, D/O KURUKURI VENKAT RAO, AGED ABOUT 26 YEARS, GARUVU GUMMAM VEEDHI, KATRAVULAPALLI VILLAGE, ENAM, JAGGAMPETA MANDAL, KAKINADA DISTRICT (ERSTWHILE EAST GODAVARI DISTRICT). 6. KURUKURI VENKAT RAO, S/O NARAYANA MURTHY, AGED ABOUT 65 YEARS, OCC AGRICULTURE, GARUVU GUMMAM VEEDHI, KATRAVULAPALLI VILLAGE, ENAM, JAGGAMPETA MANDAL, KAKINADA DISTRICT. (ERSTWHILE EAST GODAVARI 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 Order or Direction more particularly in in nature of Writ of Mandamus declaring the action of the Respondents herein particularly Respondent no. 3 AND 4 in calling upon the Petitioners to the Police Station without there being any crime being registered and demanding/dictating the Petitioners to register the landed properties vest in the name of the Petitioner No.l in the name of Respondent 5, if not false complaints will be foisted and the Petitioners will be harassed up to any extent which is nothing but misuse of the Executive Functionaries conferred upon Respondent No.3 AND 4 which nothing but illegal, erroneous, highhanded and violative of Article 21 and 300 A of the Constitution of India and consequently direct the Respondent No.3 AND 4 not to call upon the Petitioners to their respective offices without registering any crime and demand/dictate the Petitioners to settle the properties in favour of the Respondent no. are No.5 on the influence of Respondent No. 5 AND 6 and on the extraneous considerations of Respondent No. 3 AND 4 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 No. 3 AND 4 not to call upon the Petitioners to their respective offices without registering any crime on the influence of Respondent no.5 86 6 for their extraneous consideration to settle the properties of Petitioner No.l in the name of Respondent no.5, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. A K KISHORE REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16352 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 Order or Direction more particularly in in nature of Writ of Mandamus declaring the action of the Respondents herein particularly Respondent no. 3 AND 4 in calling upon the Petitioners to the Police Station without there being any crime being registered and demanding/dictating the Petitioners to register the landed properties vest in the name of the Petitioner No.l in the name of Respondent 5, if not false complaints will be foisted and the Petitioners will be harassed up to any extent which is nothing but misuse of the Executive Functionaries conferred upon Respondent No.3 AND 4 which nothing but illegal, erroneous, highhanded and violative of Article 21 and 300 A of the Constitution of India and consequently direct the Respondent No.3 AND 4 not to call upon the Petitioners to their respective offices without registering any crime and demand/dictate the Petitioners to settle the properties in favour of the Respondent no. are No.5 on the influence of Respondent No. 5 AND 6 and on the extraneous considerations of Respondent No. 3 AND 4 and pass.…” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioners would submit that the police are interfering with the civil disputes in between the petitioners 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 oral instructions would submit that based on the complaint made by respondent No.5, a case has been registered against the petitioners. He would further submit that police are not interfering in the civil disputes between the parties. 5. Learned counsel for the petitioners 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 to follow due process of law relating to the crime which has been registered against the petitioners. 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.16352 of 2024 Dated.30.12.2025 TVN 286