APHC010088222020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 5148/2020 Between: 1. KAMUJA SATYANARAYANA, S/O SRIKANTH CHANDRA MOULI, AGED ABOUT 11 YEARS, OCC. STUDYING 7TH CLASS REP. BY ITS NATURAL GUARDIAN NAMELY KAMUJA SRIKANTH CHANDRA MOULI S/O KAMESHWARA RAO, R/O SIRIPALLI VILLAGE, INAVILLI MANDAL, EAST GODAVARI DISTRICT. 2. KAMUJA UDAY PRABHAS, S/O SRIKANTH CHANDRA MOULI, AGED ABOUT 8 YEARS, OCC. STUDYING 3RD CLASS, REP. BY ITS NATURAL GUARDIAN NAMELY KAMUJA SRIKANTH CHANDRA MOULI S/O KAMESHWARA RAO, R/O SIRIPALLI VILLAGE, INAVILLI MANDAL, EAST GODAVARI DISTRICT. 3. KAMUJA SRIKANTH CHANDRA MOULI, S/O KAMESHWARA RAO, AGED ABOUT 43 YEARS, OCC. AGRICULTURE, R/O SIRIPALLI VILLAGE, INAVILLI MANDAL, EAST GODAVARI DISTRICT. 4. KAMUJA HEMALATHA, W/O SRIKANTH CHANDRA MOULI, AGED ABOUT 34 YEARS, OCC. HOUSE WIFE, R/O SIRIPALLI VILLAGE, INAVILLI MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRATARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTOR GENERAL OF POLICE, , GOVERNMENT OF ANDHRA PRADESH, AMARAVATHI. 3. THE SUPERINTENDENT OF POLICE, , KAKINADA, EAST GODAVARI DISTRICT. 4. THE SUB DIVISIONAL POLICE OFFICER, AMALAPURAM, EAST GODAVARI DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE, , AMALAPURAM RURAL, EAST GODAVARI DISTRICT. 6. THE STATION HOUSE OFFICER, , INAVILLI POLICE STARTION, EAST GODAVARI DISTRICT. 7. CHAKRAVARTHI, S/O NOT KNOWN, AGED ABOUT MAJOR, 2 OCC. HOME GAURD/ CONSTABLE, INAVILLI POLICE STATION, EAST GODAVARI DISTRICT. 8. SRINIVASA RAO, S/O NOT KNOWN, AGED ABOUT MAJOR, OCC. CONSTABLE, INAVILLI POLICE STATION, EAST GODAVARI DISTRICT. 9. B DILEEP, S/O NOT KNOWN, AGED ABOUT MAJOR, OCC. CONSTABLE, INAVILLI POLICE STATION,EAST GODAVARI DISTRICT. 10. KAMUJA PADMA, W/O SRINIVASA RAO, AGED ABOUT MAJOR, RID SIRIPALLI VILLAGE, INAVILLI MANDAL, EAST GODAVARI DISTRICT. 11. KAMUJA SRINIVASA RAO, S/O BHAIRAVA MURTHY, AGED ABOUT NO. KNOWN, R/O SIRIPALLI VILLAGE, INAVILLI MANDAL, 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 to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the high handed action on the part of the 7 to 9 respondents who are staff of the 6th respondent herein with the instance of the 10th and 11th respondents, visited the house of the petitioners untimely i.e., between 9.00 pm to 9.30 pm on 23.02.2020 and 20.12.2019 without presence of the 3rd petitioner enquired about the 1st petitioner who is school going student studying 7th class aged about 11 years by raised loud voice with filthy language and tried to beaten him with stick and taken into custody with high handed manner and on hearing cries of the 1st, 2nd, and 4th petitioners loudly elders and neighbours are gathered and rescued them as illegal arbitrary and violative of the article 14,16 and 21 of the constitution of India and consequently direct the respondent police not to interfere with life and liberty of the petitioners unnecessarily with the influence of the 10th and 11th respondents by direct the 3rd respondent to take disciplinary action by conduct the genuine enquiry against 7th to 9th respondents and pass Counsel for the Petitioner(S): 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring the high handed action on the part of the 7 to 9 respondents who are staff of the 6th respondent herein with the instance of the 10th and 11th respondents, visited the house of the petitioners untimely i.e., between 9.00 pm to 9.30 pm on 23.02.2020 and 20.12.2019 without presence of the 3rd petitioner enquired about the 1st petitioner who is school going student studying 7th class aged about 11 years by raised loud voice with filthy language and tried to beaten him with stick and taken into custody with high handed manner and on hearing cries of the 1st, 2nd, and 4th petitioners loudly elders and neighbours are gathered and rescued them as illegal arbitrary and violative of the article 14,16 and 21 of the constitution of India and consequently direct the respondent police not to interfere with life and liberty of the petitioners unnecessarily with the influence of the 10th and 11th respondents by direct the 3rd respondent to take disciplinary action by conduct the genuine enquiry against 7th to 9th respondents and pass ...” Heard learned counsel for the Petitioners and learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. At the time of hearing, learned Assistant Government Pleader for Home filed written instructions and would submit that the dispute between the parties is boundary dispute as their houses are adjacent to each other and would submit that this Court may pass appropriate orders by disposing of this Writ Petition. Necessary portion of the written statement is extracted as under: Further, the allegations made in the affidavit that the Police constables in the absence of the 3rd petitioner visited the house of the petitioners and enquired the 1st petitioner who is school going student and raised loud voice in filthy language and tried to beat him with stick and taken into custody with high-handed manner 4 and on hearing the cries of the 1st, 2nd and 4th petitioners loudly, elders and neighbours gathered and rescued them are all false, baseless and hereby denied. The police constables have not enquired the 1st petitioner and not tried to beat him with sticks as it is alleged. Learned counsel for the Petitioners would submit that recording the said submission, this Writ Petition may be disposed of. In the light of the submissions made, this Writ Petition is disposed of. 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. 5148 of 2020 12.09.2025 Mjl /*