Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 14469 (AP)

Bethy Venkanna v. The State of Andhra Pradesh

WP/1180/2026 · 2026-01-26

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010007562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1180/2026 Between: BETHY VENKANNA, S/O. BETHY RAMAIAH AGED ABOUT 48 YEARS, OCC. CULTIVATION R/O. D.NO. 4-2, KANAKAPURAM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT (ERSTWHILE WEST GODAVARI DISTRICT). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522241. 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT AT ELURU - 534006. 3. THE DEPUTY SUPERINTENDENT OF POLICE, POLAVARAM, ELURU DISTRICT - 534315. 4. THE STATION HOUSE OFFICER, JEELUGUMILLI POLICE STATION JEELUGUMILLI, ELURU DISTRICT - 534456. 5. THE SUBDIVISIONAL MAGISTRATECUMREVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM REVENUE DIVISION, ELURU DISTRICT - 534447. 2 Dr. YLR, J W.P.No.1180 of 2026 Dated 27.01.2026 6. MANDAL EXECUTIVE MAGISTRATECUMTAHSILDAR, JEELUGUMILLI MANDAL, ELURU DISTRICT - 534456. 7. VILLAGE REVENUE OFFICER, KANAKAPURAM VILLAGE, JEELUGUMILLI MANDAL,ELURU DISTRICT - 534456 ...RESPONDENT(S): Counsel for the Petitioner: M S S SWAYAM PRAKASH BABU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 3 Dr. YLR, J W.P.No.1180 of 2026 Dated 27.01.2026 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents particularly respondents 3 and 4 at the instance of respondents 5 to 7 in interfering with my possession over the aforesaid property as illegal, arbitrary and unconstitutional and consequently direct the respondents not to interfere in any manner with my peaceful possession and enjoyment over the said property….” 2. Heard the learned counsel for the Petitioner and the learned Assistant Government Pleader for Home. 3. Dr.S.Rajani, learned counsel appearing for M.S.S.Swayam Prakash Babu, learned counsel for the Petitioner, submits that, at the behest of Respondent Nos. 5 to 7, Respondent No.4 has been visiting the petitioner’s land on a daily basis, where the paddy crop is fully grown and ready for harvest, and is obstructing the petitioner from harvesting the said paddy crop. 4. Sri Ajay Babu, learned Government Pleader for Home, on written instructions, submits that Respondent No.4 has never interfered with the peaceful possession and enjoyment of the petitioner’s immovable property, inasmuch as the dispute is civil in nature. It is further submitted that Respondent No. 4 has never threatened the petitioner with destruction of the crop nor interfered with the petitioner’s agricultural operations. 4 Dr. YLR, J W.P.No.1180 of 2026 Dated 27.01.2026 5. Be that as it may, Respondent No. 4 or any police officials are not supposed to interfere with the peaceful possession and enjoyment of any immovable property, more particularly when the paddy crop grown thereon is ready for harvesting. 6. Considering the facts and circumstances of the case, there shall be a direction to the respondents not to interfere with the peaceful possession and enjoyment of the petitioner’s immovable property, wherein the petitioner has raised a paddy crop ready for harvesting in his assigned land. However, Respondent Nos. 5 to 7 are at liberty to proceed in accordance with law against the petitioner with respect to the said immovable property. If any complaint is lodged against the petitioner, the police are at liberty to act in accordance with due process of 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: 27.01.2026 Note: Issue C.C. by 28.01.2026 B/o PRA 5 Dr. YLR, J W.P.No.1180 of 2026 Dated 27.01.2026 21 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1180 of 2026 Date: 27.01.2026 Note: Issue C.C. by 28.01.2026 B/o PRA