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2026 DAILYLAW 2053 (AP)

Koduri Srinivas v. The State of Andhra Pradesh,

WP/12842/2026 · 2026-05-04

Y Lakshmana Rao

body2026

Judgment text

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APHC010233312026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12842/2026 Between: 1. KODURI SRINIVAS, S/O KODURI VENKATRAO, AGED 51 YEARS, OCC AGRICULTURIST, DOOR NO 12-113, SEETHANAGARAM VILLAGE,- JAGGAMPET MANDAL, KAKINADA DISTRICT. 2. KODURI VEERA VENKATA RAMAKRISHNA, , S/O KODURI VENKATRAO, AGED 49 YEARS, OCC AGRICULTURIST, DOOR NO 12-113, SEETHANAGARAM VILLAGE,JAGGAMPET MANDAL, KAKINADA DISTRICT. ANDHRA PRADESH. 3. KODURI DURGA VEERA RAMA THULASI,, W/O KODURI VEERA VENKATA RAMAKRISHNA, AGED 44 YEARS, OCC HOUSE MAID, PRASANTH NAGAR, THIRUMALAGIRI, MIYAPUR, NEAR J P S NAGAR, BLOCK NO K 103, HYDERABAD, TELANGANA STATE. 4. DAVARTHI VEERA VENKATA SATYAVATHI,, W/O VEERA VENKATA SATYANARAYANA, AGED 43 YEARS, OCC HOUSE MAID, DOOR NO 1-66C, PEDDARAYAVARAM VILLAGE, RANGAMPETA MANDAL, EAST GODAWARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 522238 2. THE SUPERINTENDENT OF POLICE, KAKINADA TOWN, KAKINADA DISTRICT,533001 2 Dr. YLR, J W.P.No.12842 of 2026 Dated 05.05.2026 3. THE CIRCLE INSPECTOR, PRATHIPADU, PRATHIPADU MANDAL, KAKINADA DISTRICT 533432 4. THE TAHASILDAR, PRATHIPADU, PRATHIPADU MANDAL, KAKINADA DISTRICT.533432 5. THE SUBINSPECTOR, PRATHIPADU, PRATHIPADU MANDAL, KAKINADA DISTRICT. -533432 6. KAKURI KUSARAJU LAVAKUSA, AGED 45 YEARS, OCC AGRICULTURIST, BURADAKOTA PANCHYATI, ULIGOGULA VILLAGE, PRATHIPADU MANDAL, KAKINADA DISTRICT 533432 7. KAKURI JAYAMMA VENKATALAKSHMI, W/O KAKURI KUSARAJU @ LAVAKUSA, AGED 40 YEARS, OCC AGRICULTURIST, BURADAKOTA PANCHYATI, ULIGOGULA VILLAGE, PRATHIPADU MANDAL, KAKINADA DISTRICT. 533432 ...RESPONDENT(S): Counsel for the Petitioner(S): M CHALAPATHI Counsel for the Respondent(S): GP FOR HOME 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 in the nature of Mandamus declaring the action of the respondents No 2 to 5 in not taking any steps in pursuance of the complaint lodged by the us against the unofficial respondents No 6 to 7 dated on 04.04.2026 high handled unofficial respondent illegal interferes with peaceful possession and enjoyment of agriculture land and obstructing agriculture operations in Sy No 13 and 22 to an extent of land Ac 20 81 cents at Buradakota Pachayati Uligogula Village Prathipadu Mandal Kakinada District and Andhra Pradesh And abusing filthy 3 Dr. YLR, J W.P.No.12842 of 2026 Dated 05.05.2026 language and trying to attack me as being illegal arbitrary and in violation of Articles 14 21 and 300A of the Constitution of India and consequently direct the respondents to forthwith consider the representation dated 04.04.2026 inquiry into the matter and register a case against the respondents No 6 to 7 and provide police protection to the petitioners and pass….” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader. 3. Mr. M. Chalapathi, learned counsel for the petitioners, submits that the unofficial respondents have been interfering with the peaceful possession and enjoyment of the agricultural land of the petitioners and obstructing the agricultural operations therein. He further submits that the petitioners instituted O.S.No.54 of 2025 on the file of the learned Senior Civil Judge, Peddapuram. Initially, the learned Civil Court granted an ex parte injunction; however, after filing of the counter, the interim order granted in the interlocutory application was vacated. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, submits that, as the matter is sub judice, the police cannot proceed further pursuant to the request made by the petitioners. 5. Be that as it may, when a civil suit is pending before a competent Court, the petitioners and the unofficial respondents have to work out their remedies by contesting the matter and obtaining appropriate orders from the Civil Court. Until the rights of the parties are crystallised by virtue of orders passed by the competent Civil Court, this Court cannot interfere in the civil disputes between the petitioners and the unofficial respondents by issuing directions either to 4 Dr. YLR, J W.P.No.12842 of 2026 Dated 05.05.2026 the unofficial respondents or to the police. Even a direction to provide police protection to the petitioners cannot be granted, inasmuch as a civil suit with regard to the same subject matter and cause of action is pending between the parties. 6. Having regard to the entire facts and circumstances of the case, and recording the submissions made by the learned Assistant Government Pleader, this Writ Petition is disposed of requiring the petitioners and the unofficial respondents to work out their remedies before the learned Senior Civil Judge, Peddapuram, in O.S.No.54 of 2025, which is pending consideration, 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: 05.05.2026 RSI 5 Dr. YLR, J W.P.No.12842 of 2026 Dated 05.05.2026 316 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12842 of 2026 Date: 05.05.2026 RSI