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2026 DAILYLAW 12198 (AP)

KAPA SARASWATHI v. The State of Andhra Pradesh

WP/15816/2026 · 2026-09-30

Maheswara Rao Kuncheam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010264852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 15816/2026 Between: 1. KAPA SARASWATHI, KAPA SARASWATHI W/O LATE VEERA REDDY AGE 75 YEARS, OCC CULTIVATION R/O DEVANAKONDA VILLAGE, KUMOOL DISTRICT 518465 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REF) BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 522237 2. THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT 518001 3. THE STATION HOUSE OFFICER, DEVANAKONDA POLICE STATION, KUMOOL DISTRICT 518001 4. THE TAHSILDHAR EXECUTIVE MAGISTRATE, DEVANAKONDA MANDAL, KUMOOL DISTRICT F MTT 518465 5. HARIJANA POTLANNAGARI VENKATA RAMUDU, S/O BANDLAIAH AGE 50 YEARS, OCC CULTIVATION R/P DEVANAKONDA VILLAGE DEVANAKONDA MANDAL KUMOOL DISTRICT 518465 ...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 nature of Writ of Mandamus, declaring 2 the inaction on the part of Respondent No.3 in providing Police protection to safeguard Petitioners possession and enjoyment of Agriculture Land in Survey No.466 admeasuring an extent of Ac 2-88 Cents situated at Devanakonda Village, Devanakonda Mandal, Kurnool District for effective implementation of Orders dt.08.12.2025 passed in IA.No.285 of 2020 in OS.No.l05 of 2020 on the file of Junior Civil Judge Pathikonda, further questioning the inaction on the part of Respondents 3 and 4 in invoking Section 129 of Bharatiya Nagarik Suraksha Sanhita for initiating bind over proceedings as against Respondent No.5 as he is habitually resorting to criminal acts at Petitioner s Agriculture Land as illegal, arbitrary and consequently direct the Respondents 2 and 3 to provide Police protection to safeguard Petitioner s possession and enjoyment of Agriculture Land in Survey No.466 admeasuring an extent of Ac 2-88 Cents situated at Devanakonda Village, Devanakonda Mandal, Kurnool District for effective implementation of Orders dt.08.12.2025 passed in IA.No.285 of 2020 in OS.No.105 of 2020 on the file of Junior Civil Judge Pathikonda, further direct Respondents 3 and 4 to invoke Section 129 of Bharatiya Nagarik Suraksha Sanhita for initiating bind over proceedings as against Respondent No.5 as he is habitually resorting to criminal acts at Petitioner s Agriculture Land and pass IA NO: 1 OF 2026 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 No.2 to take necessary steps in pursuance of Representation dt.02.02.2026 for providing Police protection to safeguard Petitioner’s possession and enjoyment of Agriculture Land in Survey No.466 admeasuring an extent of Ac 2-88 Cents situated at Devanakonda Village, Devanakonda Mandal, Kurnool District for effective implementation of Orders dt.08.12.2025 passed in IA.No.285 of 2020 in OS.No.105 of 2020 on the file of Junior Civil Judge: Pathikonda and to pass Counsel for the Petitioner: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. B SIVA KESAVA REDDY 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 15816 of 2026 The Court made the following Order: Today, when the matter is taken up for hearing, Sri N.Chandra Sekhar Reddy, learned counsel for the petitioner, seeks permission of this Court to withdraw the present Criminal Petition with a liberty to work out legal remedies in accordance with the law. 2. Sri K. Sandeep, learned Assistant Public Prosecutor, expressed no objection for the same. 3. Permission is accorded. 4. Accordingly, this Criminal Petition is dismissed as withdrawn. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 01.10.2026 RMR 4 67 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 15816 of 2026 Date: 01.10.2026 RMR