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2025 DAILYLAW 6786 (AP)

AAVULANNAGARI @ BHOOMAKA AKKAMMA v. THE STATE OF ANDHRA PRADESH

WP/3476/2025 · 2025-02-12

B V L N Chakravarthi

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Judgment text

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s IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 3476 OF 2025 Between: 1. Smt. Aavulannagari @ Bhoomaka Akkamma, aged about 60 years, w/o late Sri B. Venkatramana, Hindu, House Wife/cultivation, r/o Upparapalle village, Pothabolu village post, H/o Arogyavaram-517 319 Madanapalle Mandal, Annamayya District 2. Smt. Narasani Eswaramma, aged about 58 years, w/o late Sri. N.Ramachandra, r/o Buchepalle village, Pothabolu village post Arogyavaram- 517219, Madanapalle Mandalam, Annamayya district, residing in D.No. 92, II Floor, 2nd Cross, Bilekahalli Lay-Out Bangalore- 76, Karnataka. near ...PETITIONERS AND 1. The State of Andhra Pradesh, reptd by its Principal Secretary, Department of Home, secretariat buildings, Velagapudi Guntur district 2. The Superintendent of Police, Annamayya District at Rayachoty 3. The Deputy Superintendent of Police (Taluka PS), Madanapalle Town, Annamayya District 4. The Circle Inspector or Police (Taluk PS/Rural), Madanapalle, Annamayya District 5. The Sub Inspector of Police, Taluk PS, Madanapalle, Annamaya District 6. Sri Kala Venkata rao. Cl of Police(Taluk PS/Rural) aged about 46 years, Madanapalle Town, Annamayya District 7. Sri Chandra Mohan, aged about 42 years, SI of Police Taluk PS Madanapalle Town, Annamayya District. 8. Sri Mudiveti Chinnappa, aged about 66 Years, s/o Late M.Venkata Ramanna alias Venkatramaiah 9. Smt. Mudiveti Jayamma, aged about 55 years, w/o Sri M. Chinnappa, (R8 and R9 are now residents of house no. 37, 18th Cross, Arekeri Mico lay out 2^^^ stage. Bangalore -76) 10. M.Swapna Sree, aged about 39 years, D/o Mudiveti Chinnappa D.No. 20-2-597-A Maruthi Nagar Korlagunta, Tirupati Town. 11. Vempalle Dasthagiri, aged about 46 years, S/o. Hussain Saheb, D.No.7-49 Boring Veedhi Kurabalakota mandalam, Annamayya District. 12. Vempalle Fayaz, aged about 40 years, s/o Hussain Saheb, D.No. 2- 69 Boring St, Kurabalakota mandalam, Annamayya District. 13. Kutagolla Shafiullah, S/o. Valli Saheb, aged about 48 years, D.No. 1- 94 Prasanth Nagar, Kurabalakota mandalam, Annamayya District. 14. Kadapa Jaheer Abbas, S/o Kadapa Masthan, aged about 36 years, D.No. 5-140 Kotha Masjid st, Kurabalakota Mandalam. Karnataka. 15. Mr Santhosh Kumar Natarajan, S/o Natarajan, aged about 44 years D.No.87, 5*'' Main 2'''^ Cross Abayappa Lay out N.S.Palya BTM 2nd Stage, Bangalore South. 560 076 16. Sri Buchepalle Venkatesh, S/o Buchepalle Chinna Chinnappa, aged about 38 years, r/o Bhuchepalle village H/o Pothapolu village, Madanapalle Mandalam. 17. Sri Nara Venkatesh, S/o Nara Chinnappa, aged about 50 years, r/o Bhuchepalle village, H/o Pothapolu village, Madanapalle Mandalam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an order proceedings or a direction or a writ one in the nature of mandamus declaring the action of the Respondent no.4 to 7 in interfering into the civil disputes which are pending before the civil courts viz. OS No. 53/2015 II Additional District Judge Court Madanapalle Annamaiah District and in other civil suits pending between the petitioners may and the unofficial respondents herein/Respondent Nos.8 to 17, and others and the police dept./Respondent no.4 to 7 are forcing the petitioners to go for a compromise with the respondents 8 to 17 and respondent nos 4 to 7 are directing the petitioners to go to the police station regularly and threatening the petitioners with dire consequences and asking them to put signatures and thumb impressions on some empty papers, bond papers, affidavits etc., and interfering with the civil disputes/liberti es/rights of the petitioners by the police department/R4 to R7 herein as illegal, illegal arbitrary, unconstitutional and consequently direct the respondent nos.4 to 7 as not to interfere into the civil disputes, civil rights and civil liberties of the petitioners pertaining to the above said pending civil suits and the properties involved therein and further direct respondent nos 1 to 3 to take disciplinary and departmental action against the Respondent no.4 to 7 for having interfered into the civil disputes/ civil rights etc, of the petitioners by conducting an enquiry against Respondent no.4 to 7 herein. lA NO: 1 OF 2025 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 respondent nos. 4 to 7 not to interfere into the civil disputes pertaining to the landed property/s involved in OS No. 53/2015 on the file of the 2nd Additional District Judge court at Madanapalle Annamaiah District and direct the R4 to R7 not to insist the petitioners to go for a compromise with Respondents R8 to R17 with regards to civil cases and not to call for the petitioners to the police station mercilessly and direct to not to ask for signatures of petitioners to put on any paper/s etc. Counsel for the Petitioners: SRI S. S. BHATT Counsel for the Respondent Nos.1 to 5: GP FOR HOME Counsel for the Respondents: M/s. BOPPUDI ALEKHYA The Court made the following: ORDER APHC010064862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO; 3476/2025 Between: 1.AAVULANNAGAR1 @ BHOOMAKA AKKAMMA, AGED W/0 LATE SRI B. HINDU WIFE/CULTIVATION, R/0 UPPARAPALLE VILLAGE, POTHABOLU VILLAGE POST, H/0 AROGYAVARAM- 517 319 MADANAPALLE MANDAL, ANNAMAYYA DISTRICT ABOUT 60 YEARS, VENKATRAMANA, HOUSE 2.SMT. NARASANI ESWARAMMA,, AGED ABOUT 58 YEARS, W/0 LATE SRI. N.RAMACHANDRA, R/0 BUCHEPALLE VILLAGE, POTHABOLU VILLAGE POST, NEAR AROGYAVARAM- 517219, MADANAPALLE MANDALAM, ANNAMAYYA DISTRICT. RESIDING IN D.NO. 92, II FLOOR, 2ND CROSS, BILEKAHALLI LAY-OUT BANGALORE-76 KARNATAKA. ) . ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPTD BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, ANNAMAYYA DISTRICrAT RAYACHOTY 2 3. THE DEPUTY SUPERINTENDENT TALUKA PS, MADANAPALLE TOWN AN^NAMAYYA DISTRICT 4. THE CIRCLE INSPECTOR OR POLICE PS/RURAL, MADANAPALLE DISTRICT TALUK ANNAMAYYA 5. THE SUB INSPECTOR OF POLICE, MADANAPALLE ANNAMAYA DISTRICT 6. SRI KALA VENKATA RAO. CL OF POLICE(TALUK PS/RURAL) AGED - _ MADANAPALLE TOWN ANNAMAYYA DISTRICT 7. SRI CHANDRA MOHAN, AGED ABOUT 42 YEARS SI OF POLICE TALUK PS ANNAMAYYA DISTRICT 8. SRI MUDIVETI CHINNAPPA, AGED ABOUT YEARS, S/0 LATE M.VENKATA RAMANNA ALIAS VENKATRAMAIAH TALUK PS ABOUT 46 YEARS, MADANAPALLE TOWN 66 9. SMT MUDIVETI JAYAMMA . AGED ABOUT 55 YEARS, W/0 SRI M. CHINNAPPA, R8 AND R9 ARE NOW RESIDENTS OF HOUSE NO. 37, 18TH CROSS, AREKERI MICO LAY OUT 2ND STAGe’ BANGALORE -76 10.M SWAPNA SREE, AGED ABOUT 39 YEARS D/0 MUDIVETI CHINNAPPA D.NO. 20-2-597-A MARUTHI NAGAR KORLAGUNTA TIRUPATI TOWN 11.VEMPALLE DASTHAGIRI, AGED ABOUT 46 YEARS SON OF HUSSAIN SAHEB VEEDHI ANNAMAYYA DISTRICT. D.NO. 7-49 BORING MANDALAM, KURABALAKOTA 12.VEMPALLE FAYAZ, AGED ABOUT 40 YEARS S/0 69 BORING ST, MANDALAM, ANNAMAYYA HUSSAIN SAHEB, D.NO. 2- KURABALAKOTA DISTRICT. 3 13.KUTAG0LLA SHAFIULLAH, SON OF VALLI SAHEB, ’ AGED ABOUT 48 YEARS D.NO. 1-94 PRASANTH NAGAR, ANNAMAYYA DISTRICT. 0-^ MANDALAM KURABALAKOTA 14.KADAPA JAHEER ABBAS, S/0 KADAPA MASTHAN AGED ABOUT 36 YEARS D.NO. 5-140 KOTHA MASJID ST, KURABALAKOTA MANDALAM. KARNATAKA. 15. MR SANTHOSH KUMAR NATARAJAN, S/0 NATARAJAN AGED ABOUT 44 YEARS D.NO.87, 5TH MAIN 2ND CROSS ABAYAPPA LAY OUT N.S.PALYA BTM 2ND SOUTH. 560 076 STAGE, BANGALORE 16.SRI BUCHEPALLE VENKATESH, S/0 BUCHEPALLE CHINNA CHINNAPPA AGED ABOUT 38 YEARS R/0 BHUCHEPALLE VILLAGE H/0 POTHAPOLU • VILLAGE MADANAPALLE MANDALAM. 17.SRI NARA VENKATESH, S/0 NARA CHINNAPPA, AGED ABOUT 50 YEARS R/0 BHUCHEPALLE VILLAGE, H/0 POTHAPOLU VILLAGE MADANAPALLE MANDALAM. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.S S BHATT Counsel for the Respondent(S): 1.GP FOR HOME 2.BOPPUDI ALEKHYA The Court made the following: 4 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.3476 OF 2025 ORDER: This writ petition under Article 226 of the Constitution of India is filed for the following relief: “...to issue an order proceedings or a direction or a writ one in the nature of mandamus dectaring the action of the Respondent no. 4 to 7 in interfering into the civil disputes which are pending before the civil courts viz. 0$ No. 53/2015 II Additional District Judge Court, Madanapalle, Annamalah District and in other civil suits pending between the petitioners and the unofficial respondents herein/Respondent Nos. 8 to 17, and others and the police dept./Respondent no. 4 to 7 are forcing the petitioners to go for a compromise with the respondents 8 to 17 and respondent Nos. 4 to 7 are directing the petitioners to go to the police station regularly and threatening the petitioners with dire consequences and asking them to put signatures and thumb impressions on some empty papers, bond papers, affidavits etc., and interfering with the civil disputes/liberties/rights of the petitioners by the police department/R4 to R7 herein as illegal, illegal arbitrary, unconstitutional and consequently direct the respondent nos. 4 to 7 as not to interfere into the civil disputes, civil rights and civil liberties of the petitioners pertaining to the above said pending civil suits and the properties Involved therein and further direct respondent Nos. 1 to 3 to take disciplinary and departmental action against the Respondent No. 4 to 7 for having interfered into the civil disputes/ civil rights etc, of the petitioners by conducting an enquiry against Respondent no. 4 to 7 herein and to pass ” 5 2. Heard Sri S.S.Bhatt, learned counsel for the petitioners and learned Additional Government Pleader for Home. 3. Learned Additional Government Pleader for Home on written instructions would submit that the preliminary enquiry conducted by the police would reveal that it is a civil dispute, and police never interfere in civil disputes. The submissions of the learned Additional Government 4. Pleader for Home are placed on record. In the light of the above submissions made by the learned Additional Government Pleader for Home, this Court is of the 5. considered opinion that no further orders are required in the writ petition. 6. Accordingly, the Writ Petition is closed at the stage of admission. There shall be no order as to costs. As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed. / Sd/- U.SRI DEVI ASSISTANT REGISTRAR S^etlS^ OFFICER //TRUE COPY// To, 1. The Principal Secretary, Department of Home, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 2. The Superintendent of Police, Annamayya District at Rayachoty 3. The Deputy Superintendent of Police (Taluka PS), Madanapalle Town Annamayya District 4. The Circle Inspector or Police (Taluk PS/Rural), Madanapalle, Annamayya District \ 5. The Sub Inspector of Police, Taluk PS, Madanapalle, Annamaya District 6. One CC to Sri S. S. Bhatt, Advocate [OPUC] 7. One CC to M/s. Boppudi Alekya, Advocate[OPUC] 8. Two CCS to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED:12/02/2025 (P % ORDER WP.No.3476 of 2025 g 13 FEB 2025 Current Section . CLOSING THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS