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2026 DAILYLAW 24723 (AP)

KOTAH DURGA DEVI v. THE STATE OF AP

WP/26903/2024 · 2026-01-01

Venkata Jyothirmai Pratapa

body2026

Judgment text

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APHC010519442024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26903/2024 Between: 1. KOTAH DURGA DEVI, W/O. (LATE) KOTHA VENKATESWARA RAO, AGED ABOUT 51 YEARS, OCC. HOUSE WIFE, R/O. D. NO. 19-47 A, NADIM TIRUVURU, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VIJAYAWADA, O/O POLICE COMMISSIONERATE, BUCKINGHAMPETA, VIJAYAWADA- 520002 3. THE STATION HOUSE OFFICER, TIRUVURU P.S., KRISHNA DISTRICT (PRESENT NTR DISTRICT). 4. THE SUB INSPECTOR OF POLICE, TIRUVURU P.S., KRISHNA DISTRICT (PRESENT NTR DISTRICT) 5. THE C L OF POLICE, GAMPALAGUDEM P.S., TIRUVURU MANDAL, KRISHNA DISTRICT (PRESENTLY NTR 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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th and 5th Respondents in interfering in the civil matter and not allowing the Petitioner to enter into her land in R.S. No. 127/1A, 216/3, 216/2, 233/6, 233/2, 260 of Gosaveedu Village of Gamapalagudem Mandal as illegal, arbitrary, contrary and violative of principles of natural justice and consequently, direct the Respondents No.4 and 5 to not to interfere i the civil matter and also not to interfere with the in possession of the Petitioner and pass IA NO: 1 OF 2024 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 may be pleased to restrain the 4th and 5th Respondents from preventing the Petitioner to enter into her land in R.S. No. 127/1 A, 216/3, 216/2, 233/6, 233/2, 260 of Gosaveedu Village of Gamapalagudem Mandal and to pass Counsel for the Petitioner: 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26903/2024 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ, Order or direction more particularly one in the nature of Writ Of Mandamus declaring the action of the 4th and 5th Respondents in interfering in the civil matter and not allowing the Petitioner to enter into her land in R.S. No. 127/1A, 216/3, 216/2, 233/6, 233/2, 260 of Gosaveedu Village of Gamapalagudem Mandal as illegal, arbitrary, contrary and violative of principles of natural justice and consequently, direct the Respondents No.4 and 5 to not to interfere i the civil matter and also not to interfere with the in possession of the Petitioner and pass…” 2. Heard Sri K.V.Aditya Chowdary, learned counsel for the petitioner and Sri P.Ajay Babu, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that it is a case of interference of police in the civil disputes. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, would submit that on 14.11.2024 at about 13.35 hours, a ‘112’ call was received from one Harish stating that certain individuals had approached their paddy field and quarrelled with them over land ownership. Upon receipt of the said information, the police visited the place and enquired into the matter. On enquiry, it was found that it is a civil dispute between the parties. He would further submit that no crime has been registered against the petitioner and that the police have not interfered in the civil dispute. 5. Learned counsel for the petitioner would submit that, recording the same, the writ petition may be disposed of. 6. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the parties except under due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA 02.01.2026 KKV