Writ petitioner sought mandamus restraining the 3rd respondent police from interfering in a land dispute and vacating her possession despite a pending civil suit. The Court held the matter was a civil dispute with no role for the police and closed the petition without adjudication.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY,THE TWENTY FIRST DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 14382 OF 2015
Between:
Thurka Tirupathamma, W/o Late Raghavulu. Hindu, Agedabout75Years Occupation: House-Wife, R/o Nemali Village, Gampalagudem Mandal Krishna District.
...Petitioner
AND
...Respondents
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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent in insisting the Petitioner to vacate from her propertyofan extent of Ac. 0-0572 Cents covered by Survey No. 100/1 of Nemali Village,
Gampalagudem Mandal, Krishna District, bounded by - East: Dara Venkateswara Rao; West: Thurkapalli Ramakrishna; North: Thurka / .Ra,dh!amrna: and South: R & B Road, inspite of pendencyofSuitO.S.No. f •• V, on the file of the Junior Civil Judge, Tiruvuru, in respect of the . and high handedly digging trenches in the above saidproperty ianU-allowing the 6th Respondent to proceed with theconstructionstherein as illegal, arbitrary, irrational, irregular, unconstitutional, withoutjurisdiction, violative of Principles of Natural Justice and abuse of power besides being violative of Article 14, 21 and 300(A) of the Constitution of India and consequently to direct the Respondents herein not to interfere with Petitioner's possession of the above said property in any manner.
I.A. NO: 2 OF 2015(WPMP. NO: 18798 OF 2015)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein not to interfere with possession of the Petitioner over her property of an extent of Ac. 0-0514 Cents covered by Survey No. 100/1 of Nemali Village, Gampalagudem Mandal, Krishna District, bounded by - East: Dara Venkateswara Rao; West: Thurkapalli Ramakrishna;North: Thurka Radhamma;and South: R & B Road, inspite of pendency of Suit O.S. No. 348 of 2007 on the file oftheJunior CivilJudge, Tiruvuru.
Counsel for the Petitioner
: Sri Venkateswarlu Chakkilam
Counsel for the Respondents: GP for Home, Sri Guru Gopal &
GP for Revenue
The Court made the following: ORDER
APHC010039612015
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
[3310]
WEDNESDAY .THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 14382 OF 2015
Between:
Thurka Tirupathamma
...PETITIONER(S)
AND
THE STATE OF ANDHRA PRADESH AND OTHERS ...RESPONDENT{S)
Counsel for the Petitioner(s):SRI. VENKATESWARLU CHAKKILAM
Counsel for the Respondents: 4183/N GURU GOPAL
Counsel for the Respondents: GP FOR HOME (AP)
Counsel for the Respondents: 15548/GP FOR REVENUE (AP)
The Court made the following:
The present Writ Petition is filed under the Article226oftheConstitution of India for the following relief:
"...to issue a writ, order or direction more particularlyone in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent in insisting the Petitioner tovacate from her property of an extent of Ac. 0-05% Cents covered by Survey No. 100/1 of Nemali Village, Gampalagudem Mandal, Krishna District, bounded by - East: Dara Venkateswara Rao; West: Thurkapalli Ramakrishna, North: Thurka Radhamma; and South: R & B Road, inspite of pendency of Suit O.S. No. 348 of 2007 on the file ofthe Junior Civil Judge, Tiruvuru, in respect of the saidproperty and high handedly digging trenches in the above said property and allowing the 6th Respondent to proceedwith the constructions therein as illegal, arbitrary, irrational, irregular, unconstitutional, without Jurisdiction,violative of Principles of Natural Justice and abuse of power besides being violative of Article 14, 21 and 300(A] of the
4 ;!!
Constitution of India and consequently to direct the Respondents herein not to interfere with Petitioner's possession of the above said property in any manner,and pass such other orders or order... ”
- No representation for the petitioner. Heard learned Assistant Government Pleader for Home for official respondents.
- On hearing, learned Assistant Government Pleader for Home submitted a copy of written instructions received from Station House Officer, Gampalagudem Police Station, Krishna District, stating that there is a civil dispute between the petitioner and respondent No.6 & others with regard to the land in Sy.No.100/1
of Nemali Village, Gampalagudem Mandal, Krishna District, for which, the petitioner herein filed O.S.No.348 of 2007 before the learned Junior Civil Judge, Tiruvuru, for which, the respondent Police have nothingto do with it. The petitioner is unnecessarily involving the Police into the civil dispute. It is further submitted that, respondent No.6 influenced the respondent Police and the Police called the petitioner to vacate her property and threatened to withdraw the suit is not true.
-f-
- In view of the submissions made by learned Assistant Government Pleader appearing for respondents and upon perusing the written instructions filed by respondent Police, this Court is of the opinion that, nothing survives in the present Writ Petition for further adjudication.
- Accordingly, this Writ Petition is closed. There shall be no order as to costs.
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As a sequel, miscellaneous applications pending, if any, shall also stand
closed.
Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR
//TRUE COPY//
To,
^ECTION OFFICER
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HIGH COURT
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ORDER
WP.No.14382 of 2015
\ 0 5 AUG 202A i
^ . Current Section
CLOSING THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the High Court should issue a writ of mandamus restraining the Police from interfering in a civil dispute regarding land possession pending in a civil suit.
Thurka Tirupathamma
The State of Andhra Pradesh
Superintendent of Police, Krishna District
Station House Officer, Gampalagudem Police Station
District Collector, Krishna District
Tahsildar, Gampalagudem Mandal
K. Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
