Andhra Pradesh High Court - Amravati
Bhavanam Kiran Reddy vs The State Of Andhra Pradesh on 23 September, 2025
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APHC010492422025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 25784 OF 2025
Between:
1. BHAVANAM KIRAN REDDY, S/o Bhavanam Pedda Venkata Reddy, Aged
about 47 years, Occ- Cultivation, R/o. Door No.2-29, Subbareddy palem
village, Inkollu Mandal, Bapatia District.
2. Bhavanam Sivanagireddy, S/o Bhavanam Chinna Venkata Reddy, Aged
about 36 years, Occ- Cultivation, R/o. Door No. 2-29, Subbareddy palem
village, Inkollu Mandal, Bapatia District
...Petitioners
AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary,
Department of Home, Secretariat Buildings Velagapudi, Guntur District.
2. The Superintendent of Police, Bapatia District, Erstwhile Prakasam District.
3. The Station House Officer, Inkollu Police Station, Inkollu, Bapatia District,
Erstwhile Prakasam District
4. Suresh, Occ- Sub- Inspector, Inkollu Police Station, Inkollu, Bapatia
District, Erstwhile Prakasam District.
5. Nagaraju, Occ-Police Conistable Inkollu Police Station, Inkollu, Bapatia
District, Erstwhile Prakasam District.
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6. Bhavanam Srinivasa Redd, S/o. Anji Reddy, Aged about 50 years, Occ-
Cultivation, Door No. 2-22, Subbareddy palem, Inkollu Mandal, Bapatia
District, Erstwhile Prakasam District.
...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 pleased to issue a Writ, order or direction more particularly one in
the nature of Writ of Mandamus declaring the action on the part of the 3rd to
5th Respondents in summoned us to the 3rd respondent police station and
illegally detained us hours together and pressured us to sell our property to
the 6th respondent is as illegal, arbitrary and violative of Principles of natural
justice and violative of Art. 21 of the Constitution of India and consequently
direct the 3dr to 5th respondents in not summoned the petitioners to the 3rd
respondent police station and not pressured to the petitioners to sell their
property to the 6th respondent, and pass
IA NO: 1 OF 2025
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 to
direct the 3rd to 5th respondents in not summoned the petitioners to the 3rd
respondent police station and not pressured to the petitioners to sell their
property to the 6th respondent, pending disposal of the main Writ Petition,
and pass
Counsel for the Petitioners: KRANTHI KUMAR PASUMARTHI
Counsel for the Respondents: GP FOR HOME
The Court made the following order:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 25784 OF 2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
"....pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the 3rd to 5th Respondents in summoned us to the 3rd respondent police station and illegally detained us hours together and pressured us to sell our property to the 6th respondent is as illegal, arbitrary and violative of Principles of natural justice and violative of Art. 21 of the Constitution of India and consequently direct the 3dr to 5th respondents in not summoned the petitioners to the 3rd respondent police station and not pressured to the petitioners to sell their property to the 6th respondent, and pass..."
2. Heard Sri Pasumarthi Kranthi Kumar, learned counsel for the petitioner, and Sri V. Farooq, learned Assistant Government Pleader for Home appearing on behalf of the official respondents.
3. The learned Assistant Government Pleader, on instructions, submits that there exists a long-stand ing civil dispute between the petitioners and the 6th respondent's family members in relation to ancestral property situated at Subbareddypalem village, Inkollu Mandal. It is stated that the dispute has already been adjudicated by the competent Civil Court vide O.S. No.2 of 2009 in the learned Senior Civil Judge, Parchur, in, and pursuant thereto, orders were passed in execution proceedings directing delivery of possession to the 6th respondent's mother. It is further submitted that in view of such civil litigation, the police have not interfered except to maintain law and order and to prevent breach of peace. It is also stated that the petitioners were not detained or pressurized by the police to part with their property, and that the allegations in the writ petition are baseless.
44. Learned counsel for the petitioners, contends that the petitioners were called to the police station without any legal authority and subjected to undue pressure. Recording the submissions made by the learned Assistant Government Pleader, the Writ Petition may be disposed of by granting liberty to the petitioners to pursue their remedies before the appropriate forum.
5. Having considered the submissions and on perusal of the material available on record, it is evident that the dispute raised by the petitioners is purely civil in nature relating to ancestral property, which is already the subject matter of adjudication before the competent Civil Court. Hence, no further adjudication is warranted in this writ petition.
Accordingly, the Writ Petition is disposed of. However, the petitioners are at liberty to work out their remedies before the competent Civil Court in respect of the property dispute. The police shall strictly adhere to follow due process of law and shall not summon or detain the petitioners at the police station or interfere in civil disputes in the absence of registration of any cognizable offence. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:23.09.2025 KKV 5 HON'BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 32 W.P.No.25784 of 2025 Dt.23.09.2025 KKV