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2026 DAILYLAW 14111 (AP)

Kancharla Vijaya Bhavani v. The State of Andhra Pradesh

WP/4427/2026 · 2026-02-17

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010079222026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4427/2026 Between: 1. KANCHARLA VIJAYA BHAVANI,, W/O SAMBASIVARAO AGED ABOUT 47 YEARS, OCCU. CULTIVATION, R/O KOMMURU VILLAGE, AGIRIPALLI MANDAL, KRISHNA DISTRICT- 521111. 2. KANCHARLA SAMBASIVARAO,, S/O VENKATESWARA RAO AGED ABOUT 52 YEARS, OCCU. CULTIVATION R/O KOMMURU VILLAGE, AGIRIPALLI MANDAL, KRISHNA DISTRICT- 521 111. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI SECRETARY TO THE GOVERNMENT HOME DEPARTMENT AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P.-522237. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH AT MANGALAGIRI, GUNTUR DISTRICT-522503. 3. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT, AT ELURU-534005 4. THE SUB DIVISIONAL OFFICER, NUZVID KRISHNA DISTRICT- 521201 5. THE INSPECTOR OF POLICE, NUZVID RURAL POLICE CIRCLE, ELURU DISTRICT-521201. 6. THE STATION HOUSE OFFICER, AGIRIPALLI POLICE STATION, AGIRIPALLI, ELURU DISTRICT-521211. 2 Dr. YLR, J W.P.No.4427 of 2026 Dated 18.02.2026 7. K SUBHA SEKHAR, S/O FATHER NAME NOT KNOWN TO PETITIONERS. AGED ABOUT 40 YEARS, OCCU. STATION HOUSE OFFICER OF AGIRIPALLI POLICE STATION AGIRIPALLI, ELURU DISTRICT-521211. 8. BANDI ANUSHA, W/O NARENDRA, HINDU, AGED ABOUT 28 YEARS, OCCU. HOUSEWIFE. R/O KOMMURU VILLAGE, AGIRIPALLI MANDAL, KRISHNA DISTRICT-521111. 9. BANDI NARENDRA, S/O SESHAGIRI RAO, HINDU, AGED ABOUT 38 YEARS, OCCU. CULTIVATION R/O KOMMURU VILLAGE, AGIRIPALLI MANDAL, KRISHNA DISTRICT -521111. 10. KANCHARLA SEKHAR, S/O LAKSHMI NARAYANA, AGED ABOUT 38 YEARS, OCCU. CULTIVATION R/O KOMMURU VILLAGE, AGIRIPALLI MANDAL, KRISHNA DISTRICT-521111 11. BANDI SAMBHASIVARAO, S/O GOPALA KRISHNA, AGED ABOUT 65 YEARS,R/O KOMMURU VILLAGE, AGIRIPALLI MANDAL, KRISHNA DISTRICT-521111. ...RESPONDENT(S): Counsel for the Petitioner(S): NUVVULA RAM BABU Counsel for the Respondent(S): GP FOR HOME 3 Dr. YLR, J W.P.No.4427 of 2026 Dated 18.02.2026 The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents No 6 and 7 in interfering with the petitioners right of enjoyment of land adm Ac 085 cents in RS No 177/1 of Krishnavaram village land adm 077 cents in RSNo 177/2 of Krishnavaram village and their right of way in RS No 177/6 and177/7 of Suravaram village shown as A and B schedule properties in OS No 62 of 2014 on the file of the PrI Junior Civil Judge Nuzvid and further threatening the petitioners not to enter into the above said properties at the behest of unofficial respondents as illegal arbitrary violation of decree of permanent Injunction dated 28 06 2018 in OS No 62 of 2014 and violation of orders dated 18 02 2022 passed by this Honble court in WP No 14624 of 2021 and violation of Article 14 21 and 300A of Constitution of India and consequently direct the respondents No 6 and 7 not to interfere with the petitioners right and enjoyment of above said properties in the interest of justice and pass….” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader. 3. Sri Nuvvala Ram Babu, learned counsel for the petitioners, submits that respondent Nos.6 and 7 are interfering with the petitioners’ peaceful enjoyment of the land admeasuring Ac.0.85 cents in R.S.No.177/1 and Ac.0.77 cents in R.S.No.177/2 of Krishnavaram Village, and also with their right of way in R.S.Nos.177/6 and 177/7 of Suravaram Village. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the Sub-Inspector of Police, Agiripalli Police 4 Dr. YLR, J W.P.No.4427 of 2026 Dated 18.02.2026 Station, received a Court-endorsed complaint from the Court of the learned Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Nuzvid, on 17.07.2014, filed by the mother of petitioner No.2 and the mother-in-law of respondent No.11. Based on the said Court endorsement, the Sub-Inspector of Police registered a case in Crime No.137 of 2014 of Agiripalli Police Station for the offences punishable under Sections 120-B, 420, 465, 468, 471 and 506 of ‘the IPC’ and Sections 81 and 82 of the Registration Act, and conducted investigation. After completion of investigation in Crime No.137 of 2014, a charge sheet was filed against the petitioners and others, which was taken on file as C.C.No.354 of 2023 by the competent Court, and the same is pending for trial. 5. It is further submitted that on 06.05.2021, petitioner No.2 lodged a complaint against respondent No.11 and others alleging assault on 27.04.2021. Based on the said report, a case in Crime No.115 of 2021 under Sections 324 and 509 read with 34 of ‘the IPC’ was registered, and after investigation, a charge sheet was filed and taken on file as C.C.No.929 of 2022, which is pending for trial. It is further submitted that both the families have been involved in altercations in connection with the disputed lands and have been filing complaints against each other from time to time. Respondent No.7 has neither harassed nor threatened 5 Dr. YLR, J W.P.No.4427 of 2026 Dated 18.02.2026 the petitioners and has not interfered with the civil disputes relating to the property. 6. Considering the above submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, granting liberty to the petitioners to avail appropriate remedies before the competent Civil Court in accordance with law. 7. In the result, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 18.02.2026 RSI 6 Dr. YLR, J W.P.No.4427 of 2026 Dated 18.02.2026 191 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4427 of 2026 Date: 18.02.2026 RSI