Smt v. Gouri
Case Details
Acts & Sections
6. Smt. V. Gouri, W/o. Ramkumar, aged about 53 years. Aged about 53 years, and D/o. Dhurjati Lelamma (died) Occ Housewife, R/o. H.No25- 2-299, 4th Street, New Military Colony, Nellore, SPSR Nellore District. AND ...PETITIONER(S)
1. THE STATE OF AP, Rep. by its Principal Secretary, Home Department Secretariat, Velagapudi, Guntur District.
2. The Superintendent of Police, SPSR Nellore District, Nellore.
3. The Inspector of Police, Krishnapatnam Police Station, SPSR Nellore District.
4. The Sub-Inspector of Police, Muthukur Police Station, SPSR Nellore District. ...RESPONDENTS f 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.topleased to issue an appropriate Writ, Order or Direction more particularly^one.' in the nature of Writ of Mandamus to declare that the illegal and unlawful actions of the Respondents 3 and 4 in interfering in Civil Matters pertaining to the property of the Petitioners covered by (1) Survey No.603-E to an extent of Ac. 1.05 cents, (2) an extent of Ac. 1.05 cents in Survey No.603-F, (3) an extent of Ac.4.18 cents in Survey No.603- G, (4) an extent of Ac.2.09 cents in Survey No.603-D, (5) an extent of Ac.2.09 cents in Survey No.603-1 and (6) dn extent of Ac. 1.05 cents in Survey No.603-C situated at Epuru Bit lA Village in Muthukur Mandal of threatening SPSR Nellore consequences as unlawful, without jurisdiction, arbitrary, 21 and 300-A of the discriminatory and violative Constitution of India and consequently direct the Respondents 3 and 4 not to call the Petitioners to the Police Stations in respect of the properties referred to above and not to interfere with the rights of the Petitioners and district bad, illegal, Petitioners of Articles 14, 19, 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 pleased to direct the Respondents 3 and 4 and their staff not to call the Petitioners to the Police Stations and not to interfere with the lands of the Petitioners (1) to an extent of Ac. 1.05 cents in Survey No.603-E, (2) an extent of Ac. 1.05 cents in Survey NO.603-F, (3) an extent of Ac.4.18 cents in Survey No.603-G, (4) an extent of Ac.2.09 cents in Survey NO.603-D, (5) an extent of Ac.2.09 cents in Survey No.603-1 and (6) an extent of Ac. 1.05 cents in Survey No.603-C situated at Epuru Bit lA Village in Muthukur Mandal of SPSR Nellore district pending disposal of the Writ Petition and pass Counsel for the Petitioner(s):SRI. A V SIVAIAH Counsel for the Respondents: GP FOR HOME The Court made the following ORDER: ::1:: APHC010482592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368] (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24973/2024 Between: Anantharaju Nageswara Rao and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner(S):
1.AVSIVAIAH Counsel for the Respondent(S):
1.GP FOR HOME The Court made the following ORDER: The instant Writ Petition under Article 226 of Constitution of India, is filed by the Petitioners with the following prayer: “..to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare that the illegal and unlawful Matters actions of the Respondents 3 and 4 in pertaining to the property of the Petitioners covered by (1) Survey No 603- E to an extent of Ac.1.05 cents, (2) an extent of Ac 1.05 cents in Survey No 603-F, (3) an extent of Ac.4.18 cents in Survey No.603-G, (4) an interfering Civil 2 extent of Ac.2.09 cents in Survey No 603-D, (5) an extent of Ac 2.09 cents in Survey No 603-1 and (6) an extent of Ac. 1.05 cents in Survey No 603-C situated at Epuru Bit lA Village in Muthukur Mandal of SPSR Nellore qistrict and threatening the Petitioners with dire consequences as bad illegal arbitrary unlawful without jurisdiction discriminatory and violative Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents 3 and 4 not to call the Petitioners to the Police Stations in respect of the properties referred to above and not to interfere with the rights of the Petitioners and pass such other orders.’
2. Heard Sri A.V. Sivaiah, learned counsel for the Petitioners and Sri S. Sarath Kumar, learned Assistant Government Pleader for Home for respondents. Learned Assistant Government Pleader takes notice on behalf of the State.
3. Learned counsel for the Petitioners would submit that the grievance of the Petitioners is that the police are calling them to the police station and interfering in civil dispute.
4. Learned Assistant Government Pleader submitted written instructions dated 04.11.2024 received from Sub-Inspector of Police, Muthukur Police Station, SPSR Nellore District which reads thus: In this regard, no police were entered into this issue, as there is no petition was received to the police station, Muthukur till today. As per instructions of our superior officers, I have also kept the board in the premises of police station by shown the civil issues are not taken by the police. Hence the issue was not in mind so far.” Learned Assistant Government Pleader further would submit that police are not calling the Petitioners to the police station. / -/ 3
5. Learned counsel for the Petitioners would submit that recording the same, the petition may be disposed of. In that view of the matter, the Writ Petition is disposed of. However, 6. the police are directed not to interfere in Petitioners' civil dispute. No costs. As a sequel, interlocutory applications pending if any, shall stand closed. //TRUE COPY// SD/- K TATA RAO DEPUTY REGISTRAR ! SECT FFICER Guntur Department, Secretariat, Velagapudi, The Superintendent of Police, SPSR Nellore District, Nellore. Dis1r!d^'^^^^°'^ of Police, Krishnapatnam Police Station, SPSR Nellore Police, Muthukur Police Station, SPSR Nellore One CC to SRI. A V SIVAIAH Advocate [OPUC] Two CCs to GP FOR HOME ,High Court Of Andhra Pradesh. Three CD Copies [OUT] To
7. HIGH COURT DATED:05/11/2024 ORDER WP.No.24973 of 2024 14 NOV 202*1 mi: OiL . Current Section ^ DISPOSING THE WP WITHOUT COSTS