HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP .NO: 27653 of 2014 Between:
Gadela Varahalamma, W/o. late Appalanaidu R/o. D.No. 1-119, Chowduvada (V), K. Kotapadu (M), Visakhapatnam District.
. Petitioner AND
1 State of Andhra Pradesh, Rep. by its Principal Secretary to Home Department, Secretariat, Saifabad, Hyderabad.
2 Station House Officer, K. Kotapadu Police Station, Visakhapatnam District.
3 P. Varahalamma, W/o. Ramarao, R/o. Chouduwada Village, K. Kotapadu Mandal, Visakhapatnam District.
4 P. Ramarao, S/o. Somulu, Occ: Tailor, R/o. Chouduwada Village, K. Kotapadu Mandal, Visakhapatnam District.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2nd Respondent in interfering with the peaceful possession and enjoyment of the cattle shed in Ward No.1, Sy.No.405/3, Chowduvada (V), K. Kotapadu (M), Visakhapatnam District, at the instance of the unofficial respondents 3 and 4 herein even though the Civil dispute is pending and insisting the petitioner to appear before him and directing the petitioner to give up her rights over the said property to the respondents 3 and 4 herein as being illegal, arbitrary and is in violation of Articles 14 and 21 of the Constitution of India and consequently direct the 2nd respondent not to interfere with the peaceful possession and enjoyment of the petitioner's cattle shed in Ward No.1, Sy.No.405 / 3, Chowduvada (V), K. Kotapadu (M), Visakhapatnam District, at the instance of the respondents 3 and 4 without their being any lawful orders.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Smt. A.B. Lalitha Gayathri, Advocate for the Petitioner and the Assistant Government Pleader for Home for Respondent Nos.1 & 2, the Court made the following ORDER:
The Assistant Government Pleader for Home seeks two weeks time to secure instructions from the Station House Officer, K. Kotapadu Police Station, Visakhapatnam.
However, pending further consideration, the police shall not interfere with the cattle shed erected by the petitioner, inasmuch as, this Court while entertaining S.A.No.1327 of 2010 said to have been instituted by her husband, has passed an interim suspension of the operation of the judgment and decree passed in appeal A.S.No.24 of 2009 dated 03.09.2010 by the Senior Civil Judge, Chodavaram, Visakhapatnam District.
Post after two weeks in motion list.
//TRUE COPY// ASSISTANT REGISTRAR For ASSISTANT REGISTRAR To
1 The Principal Secretary to Home Department, State of Andhra Pradesh Secretariat, Saifabad, Hyderabad.
2 The Station House Officer, K. Kotapadu Police Station, Visakhapatnam District.
3 P. Varahalamma, W/o. Ramarao, R/o. Chouduwada Village, K. Kotapadu Mandal, Visakhapatnam District.
4 P. Ramarao, S/o. Somulu, R/o. Chouduwada Village, K. Kotapadu Mandal, Visakhapatnam District.
(Addressees 1 to 4 BY RPAD)
5 One CC to Smt. A.B. Lalitha Gayathri, Advocate (OPUC)
6 Two CCs to the G.P. for Home (AP), High Court, Hyderabad. (OUT)
7 One spare copy. nnr HIGH COURT NRR,J DATED: 17-09-2014 NOTE: Post after two weeks in motion list ORDER W.P.NO. 27653 OF 2014 DIRECTION HIGH COURT Nnr Date of Drafting : 20-09-2014 NRR,J DATED: 17-09-2014 NOTE: Post after two weeks in motion list ORDER W.P.NO. 27653 OF 2014 DIRECTION