Pratap Nadipi Ranga Swamy, vs The State Of A.P.

Citation : 2022 Latest Caselaw 8405 AP
Judgement Date : 8 November, 2022

Andhra Pradesh High Court - Amravati
Pratap Nadipi Ranga Swamy, vs The State Of A.P. on 8 November, 2022
     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                   &
            HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

                  WRIT APPEAL No.1968 OF 2017

Pratap Nadipi Ranga Swamy,
S/o Pratap Ramaiah Setty,
Age:53 years, Occ: Agriculturist,
R/o Nagalainne Village, Nandavaram
Mandal, Kurnool District.
                                                           ..Appellant
                                 Versus

The State of A.P., Rep., by its
Principal Secretary, Home Department,
Secretariat, Velagapudi, Amaravathi,
Guntur District, Andhra Pradesh, and
Others.
                                                        ...Respondents
                                  ***

ORAL JUDGMENT Dt:08.11.2022 (per Prashant Kumar Mishra, CJ)

1. The writ petitioner has preferred this writ appeal challenging the order dated 13.11.2017 passed by learned single Judge dismissing W.P.No.36169 of 2017.

2. The learned single Judge dismissed the writ petition on the ground that the petitioner and respondent Nos.5 and 6 are parties to a suit and are working out their remedies, in accordance with law, and therefore, consideration of the prayer for issuance of writ of 2 mandamus declaring the action of respondent Nos.3 & 4 in calling the petitioner to the police station and interfering with the civil dispute in respect of the land admeasuring Ac.35.00 cents situated in Sy.Nos.135 and 136 of Kanakaveedu village, Nandavaram Mandal, Kurnool District, as illegal and arbitrary, is not warranted. The learned single Judge has also observed that the 4th respondent/Superintendent of Police, if interferes, in a civil dispute, the same is at his risk and expense.

3. On perusal of the order under appeal, this Court is of the considered view that the learned single Judge has made sufficient observations to protect the petitioner's interest. It is brought to the notice of this Court that the civil suit between the parties is still pending for consideration.

4. Considering the above observations made by the learned single Judge and in view of the fact that the civil suit between the parties is still pending adjudication, we are not inclined to interfere with the order passed by the learned single Judge.

5. Accordingly, the Writ Appeal is dismissed. No costs. All the pending miscellaneous applications shall stand closed. PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J Nn 3 HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU W.A.No.1968 OF 2017 (per Prashant Kumar Mishra, CJ) Dt:08.11.2022 Nn