WP/30752/2024 of MERAJOTHU BADDU NAIK Vs The State ofAndhra Pradesh, on 31 December 2024

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, HomeDepartment, Secretariat Buildings, Velagapudi, Amaravathi,[Guntur]District.Department, Secretariat Buildings, Velagapudi, Amaravathi,[Guntur]District.

2. The Director General of Police, Andhra Pradesh, Mangalagiri,[Guntur]District.District.

3. The Superintendent of Police, Palanadu District at Narasaraopet.

4. The Bandlamotu Police Station, Represented by its Station[House]Officer, Bollapalli, Palnadu District.Officer, Bollapalli, Palnadu District.

5. The Sub Inspector of Police, The Bandlamotu Police Station, Bollapalli,Palnadu District.Palnadu District.

6. S.K. Pedda Hussain Basha, R/o. Kanumala Cheruvu, Bollapallemanda l,Palnadu District.Palnadu District.

7. S.K. Chinna Hussain Basha, R/o. Kanumalacheruvu, Bollapallemanda[l]Palnadu District.Palnadu District.

...RESPONDENTS

/

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a writ or direction more particularly[one][ in][ the][ nature][ of]Writ of Mandamus declaring the action of the respondent No. 4, 5 and theirstaff in calling the petitioner and his family members to4'*^ respondent th police station repeatedly with regard to a purely civil[dispute][ with][ 6thand][ 7]respondents at their behest and asking the petitioner[to][ vacate][ the][ land][ an]extent of Ac 1.46 Centsin Sy No. 277-10 and to an[extent][ of][ Ac.]1.08277-14of KanumalaCheruvuVillageandBollapalliCentsinSy.No.Mandal,PalanaduDistrictbydeliveringthe possessiontothe6thand7threspondents asillegal,arbitrary,unconstitutionalandconsequentlydirect the respondent No. 4, 5 and their staff not[to][ interfere][ with]life andliberty of the petitioner by calling him or his family[members][ to][ the][ 4*^]connectionwithcivildisputewith5^^respondentpolicestationinrespondent, without following due process of law, and[also][ not][ pressurise]the petitioner to deliver the possession of the said[land,][ while][ directing][ the]2"^^ andrespondents to take departmental action against[the]erringofficials and pass lA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the[circumstances]statedin the affidavit filedin support of the writ[petition,][ the][ High][ Court]respondents and their staff not tomay be pleased to direct the 4interfere with life and liberty of the petitioner and[his][ family][ by][ calling][ them]to their offices.

Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI

Counsel for the Respondent Nos.1 to 5: GP FOR HOMECounsel for the Respondent Nos.6 & 7: NONE APPEAREDThe Court made the following: ORDER

APHC010588832024

IN THE HIGH COURT OF ANDHRA PRADESH0EEAT AMARAVATI(Special Original Jurisdiction)

[3396]

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 30752/2024

Between:

MerajothuBaddu Naik

...PETITIONER

AND

The State Ofandhra Pradesh and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1 .SASANKA BHUVANAGIRI

Counsel for the Respondent(S):

1. GP FOR HOME

The Court made the followingORDER:

This Writ Petition is filed under Article 226 of Constitution[of][ India][ with]

the following prayer for:

“....toissue awrit or direction more particularly[one]inthenatureofWritof Mandamusdeclaringtheactionoftherespondent Nos. 4, 5 and their staff in calling the[petitioner][ and]his family members to 4‘'^respondent police station[repeatedly]withregardtoapurelycivildisputewith6‘^andrespondentsat their behest and asking the petitioner[to][ vacate]the land an extent of Ac.1.46 cents in Sy.No.277-10[and][ to][ an]extent of Ac.1.08 cents in Sy.No.277-14 of KanumalaCheruvu Village and Bollapalli Mandal,Palanadu District by delivering thepossession to the d^^and /^respondents as illegal,arbitrary,unconstitutional and consequently direct the respondent Nos. 4,5 and their staff not to interfere with life and libertyof thepetitioner bycallinghimorhisfamily memberstothe4 respondent police station in connection with civil dispute with5"^respondent without following due process of law and alsonotpressurise the petitioner to deliver the possession of the saidlandwhiledirectingthe2^^and3^^respondentstotakedepartmental action against the erring officials....”

2. Heardthelearnedcounselforthepetitioner,learnedAssistantGovernment Pleader for Home for the respondents.petitioner,learnedAssistantGovernment Pleader for Home for the respondents.

3. Learned Assistant Government Pleader on writteninstructions wouldsubmit that the Police are not interferingin the civil matter relatingto thePetitioner and they never called the Petitioner or any of his family members tothe Police Station.For ready reference, the relevantportionof the writteninstructions is extracted below:

“...It is submitted that, to prevent violent activities and law &order problem in the village contacted MerajothuBaddu Naik(petitioner) to come to the police station to discuss thematterto take proper steps to avoid unlawful activities and to maintainpublic peace and tranquility in the village. But the petitionerMerajothuBaddu Naik are any of his family members neverturned up to the police station.

The petitioner never turned up to Bandlamottu police stationand the allegations raised by the petitioner are not fact.”

4. Learned counsel for the petitioner would submit that recordingthesame, the petition may be disposed of.

15. In the light of the instructions extracted supra, the[petition][ is][ disposed]of, directing the respondent authorities to follow[due][ process][ of law.][ No][ costs.]of, directing the respondent authorities to follow[due][ process][ of law.][ No][ costs.]

Pending applications, if any, shall stand closed.

Sd/- K J RAJA BABU//TRUE COPY//ASSISTANT REGISTRARSEATONOFFICER

To

1The Principal Secretary, Home Department, State of[Andhra][ Pradesh,]Secretariat Buildings, Velagapudi, Amaravathi, Guntur[District.]Secretariat Buildings, Velagapudi, Amaravathi, Guntur[District.]

2. The Director General of Police, Andhra Pradesh,[Mangalagiri,][ Guntur]District.District.

3. The Superintendent of Police, Palanadu District[at][ Narasaraopet.]

4. The Bandlamotu Police Station, Represented by its[Station][ House]Officer, Bollapalli, Palnadu District.Officer, Bollapalli, Palnadu District.

5. The Sub Inspector of Police, The Bandlamotu Police[Station,][ Bollapalli]Palnadu District.Palnadu District.

6. One CO toSri Sasanka Bhuvanagiri, Advocate [OPUC]

7. Two CCs to GP for Home, High Court of Andhra Pradesh.[[OUT]]^

8. Three C.D. Copies.

Cnr

HIGH COURT

DATED;31/12/2024

ORDERWP.No.30752 of 2024

DISPOSING OF THE W.P.WITHOUT COSTS

OF AND^:\0,52 9 JAN 2025fi9n\'5'Current Section ^SS^SPATCV»?2a»^^