Citation : 2022 Latest Caselaw 8405 AP
Judgement Date : 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
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
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
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