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2026 DAILYLAW 25391 (AP)

Uppari Nagarjuna v. The State of Andhra Pradesh

WP/29576/2025 · 2026-01-04

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010564572025 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: 29576/2025 Between: 1. UPPARI NAGARJUNA,, S/O.UPPARI KESANNA, AGED 50 YEARS, OCC.CULTIVATION, R/O.H.NO.2-41 ,CHETLAMALLAPURAM VILLAGE, KALLURU MANDAL,KURNOOLDISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT MAGISTRATE COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KURNOOL, KURNOOL DISTRICT. 4. THE MANDAL EXECUTIVE MAGISTRATE, TAHSILDAR, KALLUR MANDAL, KURNOOL DISTRICT. 5. THE STATION HOUSE OFFICER, ULINDAKONDA P.S.,KALLUR MANDAL, KURNOOL DISTRICT. 6. UPPARI LAKSMI DEVI, W/O. LATE. UPPARI SHANKARAIAH, AGED 45 YEARS,OCC.CULTIVATION, R/O.CHETLAMALLAPURAM VILLAGE, KALLURU MANDAL,KURNOOLDISTRICT 7. UPPARI SIVA PRASAD, S/O. LATE. UPPARI SHANKARAIAH, AGED 25 YEARS,OCC.CULTIVATION, R/O.CHETLAMALLAPURAM VILLAGE, KALLURU MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. CHALLA SIVASANKAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: 2 “.... to issue a Writ, order or directions, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent Proceedings Rc.C/943/2024, dated.24-06-2025 issued under Section 164 of BNSS preventing the petitioner to enter into his land in Sy.No.65- 2A an extent of Ac.2.88 cents of Chetlamallapuram Village of Kallur Mandal, Kurnool District, contrary to his own report Rc.No.B.943/2024, dated. 18-03-2025 and order in WP No. 15692/2025, dated.30-06-2025 which is illegal, arbitrary, unconstitutional, violation of Articles 14 and 300-A of the Constitution of India and consequently set- aside the Proceedings Rc.C/943/2024, dated .24-06-2025 and further direct the respondents not to interfere and dispossess the petitioner from the subject land and in raising and harvesting the crop in the subject land” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home and the learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioner would submit that, in light of the representation made by the learned Assistant Government Pleader for Revenue, the impugned order dated 24.06.2025 expired on 24.12.2025. Such being the case, the respondents/police have nothing to do with the civil disputes between the parties. 4. Learned Assistant Government Pleader for Home, on written instructions, would submit that the impugned order dated 24.06.2025 is no longer in force and that the police are not interfering in the civil disputes between the parties. Learned Assistant Government Pleader would further submit that the Court may pass appropriate orders by granting liberty to the police to take appropriate action in respect of the subject matter, as and when necessary. 3 5. Learned Assistant Government Pleader for Revenue would submit that the Court may pass appropriate orders, since the order dated 24.06.2025 is no longer in force. 6. Considering the submissions made, and since the impugned order is not in force, as represented by the learned Assistant Government Pleader for Revenue, the police are directed not to interfere in the civil disputes between the parties except under due process of law. It does not preclude the police to take appropriate action when the situation demands. 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:05.01.2026 Asr 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29576 of 2025 Dt.05.01.2026 Asr