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Andhra Pradesh High Court - Amravati

Pusapati Subba Raju vs State Of Ap on 20 March, 2021

Author: Cheekati Manavendranath Roy

Bench: Cheekati Manavendranath Roy

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI --
(Special Original Jurisdiction)
SATURDAY, THE TWENTIETH DAY OF MARCH, (ORS,
TWO THOUSAND AND TWENTY ONE ~~ OeL
: PRESENT: HEN

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

 

WRIT PETITION NO: 6196 OF 2021
Between:
Pusapati Subba Raju, S/o.Satyanarayana Raju.
...Petitioner --
AND
1. The State of AP, Rep. by its Principal Secretary - Home, Secretariat of Andhra
Pradesh Velagapudi, Guntur District
2. The Commissioner of Police, Visakhapatnam District.
3. The Assistant Commissioner of Police, North Sub-Division, Madhurawada,
Visakhapatnam.
4. The Station House Officer, P.M. Palem Police Station, Visakhapatnam.
, ...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 of Mandamus, or any other appropriate writ, order or direction, declaring
the action of the 3% and 4" Respondents in illegally interfering with entering into the:
Petitioner's property admeasuring an extent of Ac.17-46 cents in Sy.Nos.71/1, 71/2,
72/2, 73/1A, 73/2 and 73/6, situated at Paradesipalem Village, Visakhapatnam Rural
Mandal and District, by calling the Petitioner repeatedly to the Police Station and
thereby interfering with his peaceful personal life and liberty, without registering the
crime against the Petitioner, as illegal, arbitrary and violative of Article 21 of Constitution
and further direct the Respondents 3 and 4 not to interfere with the Petitioner's personal
life and liberty and his activities in the property. --

IA NO: 1 OF 2021_-

Petition under Section 181 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to grant
_ interim direction directing the Respondents 3 & 4 herein not to interfere with the
_ Petitioner's possession. and enjoyment over the property admeasuring an extent of
Ac.17-46 cents in Sy.Nos.71/1, 71/2, 72/2, 73/A, 73/2 & 73/6, situated at
Paradesipalem Village, Visakhapatnam Rural Mandal and District, pending disposal of
WP 6196 of 2021, on the file of the High Court. --

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of M/s. V CH Naidu, Advocate
for the Petitioner, GP for Home for the Respondents, the Court made the following. --
ORDER

"Learned Assistant Government Pleader takes notice for respondents 1 to 4 and requested time to seek instructions. Post the matter after two (02) weeks. In the meanwhile, there shall be a direction to the respondent - police officials not to call the petitioner to the Police Station and interfere with his personal liberty without there being any case registered against him, till the next ' aeieeeneei date of hearing." ee LON "Sd/-M.RameshBabu | , STANT R TRAR.

IITRUE COPY// ASSI nA :

| SECTIO \OFFICER Ne aan en ee nee . The Principal Secretary - Home, Secretariat of Andhra Pradesh, State of AP, Velagapudi, Guntur District
2. The Commissioner of Police, Visakhapatnam District.
3. The Assistant Commissioner of Police, North Sub-Division, Madhurawada, SP Visakhapatnam.

. The Station House Officer, P.M. Palem Police Station, Visakhapatnam. (1 to 4 by RPAD) --

5. One CC to Sri V Ch Naidu, Advocate [OPUC] ~~

6. Two CCs to GP for Home, High Court of Andhra Pradesh. [our]

7. One spare copy HIGH COURT CMRJ DATED: 20/03/2021 POST THE MATTER AFTER TWO (02) WEEKS. ORDER WP.No.6196 of 2021 O17 Mager, DIRECTION a