IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1305 of 2009 Between: 1 Kuruva Bantrothu Pedda Thimmanna, S/o. Mareppa, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 2 Allinagaram Moogenna, S/o. Lakshmanna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 3 Boya Chinna Giddaiah @ Pedda Karenna, S/o. Seemanna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 4 Boya Rama Lakshmanna, S/o. Allingaram Moogenna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 5 Boya Ramachandrudu, S/o. Allingaram Moogenna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 6 Boya Budda Thimmappa, S/o. Allingaram Moogenna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 7 Boya Santhappa, S/o. Allingaram Moogenna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 8 Boya Ramudu, S/o. Allingaram Moogenna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 9 Boya Bojappa @ Anjaneyulu, S/o. Allingaram Moogenna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 10 Boya Nagaraju, S/o. Jeena Thimmappa, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 11 Boya Nagaraju, S/o. Allinagaram Buddanna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 12 Boya Sanjanna, S/o. Badadala Hanumanthu, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 13 Boya Naidu @ Rama Naidu, S/o. Allinagaram Sanjanna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 14 Boya Pedda Bugganna, S/o. Gorla Thimappa, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 15 Boya Nagaraju, S/o. Gorla Thimappa, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 16 Boya Giddaiah, S/o. Pedda Giddaiah @ Pillimukku, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 17 Boya Sivasankar, S/o. Chinna Giddaiah, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 18 Boya Bajari, S/o. Allinagaram Buddanna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 19 Boya Ramesh, S/o. Gorla Thimappa, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 20 Allinagaram Narayana, S/o. Allinagaram Hanumanthu, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 21 Boya Pedda Giddaiah @ Pillimukku, S/o. Boya Seemanna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 22 Ediga Anjaneyulu, S/o. Chinna Thimmanna @ Chinna Bodenna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 23 Boya Chittepalli Pullanna, S/o. late Venkata Swamy, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 24 Allinagaram Venkatesh, S/o. Dubbanna, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 25 Kuruva Kavali Narasimhuludu, S/o. Kistaiah, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 26 Kuruva Chandrasekhar, S/o. Sukali, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 27 Kuruva Kavali Venkata Ramudu, S/o. Bajari, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. 28 Kuruva Prahallada, S/o. Bajari, Permanent residents of Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. ..... PETITIONER(S) AND 1 The Government of A.P. Rep. by the Superintendent of Police Kurnool District at Kurnool. 2 The Deputy Superintendent of Police Dhone, Kurnool District. 3 The Station House Officer, Krishnagiri Police Station, at Krishnagiri Village and Mandal, Kurnool 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 will be pleased to issue appropriate writ or order or direction mostly one which is in the nature of writ of Mandamus declaring the action of the respondents in not allowing the petitioners to enter their Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District to have their residence and to carry on Agricultural operations as malafide, illegal, irregular, arbitrary, unreasonable unconstitutional, unjustified and unsustainable . Counsel for the Petitioners :MR.P.VEERA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: This writ petition is filed by the petitioners challenging the action of the respondents in not permitting them to enter their residence and carry out agricultural operations in Yerikala Cheruvu Village, Krishnagiri Mandal, Kurnool District. Heard the learned counsel for the petitioners and the learned Government Pleader for Home and at their request the writ petition is taken up for final disposal at the admission stage itself. All the petitioners herein claim to be the permanent residents of Yerikalacheruvu Village and own agricultural lands in the said village. There were some rivalries between two political parties in the village and in that connection a complaint was lodged on 23.10.2006 in Crime No.169 of 2006 of Krishnagiri Police Station stating that all the petitioners herein, who belong to kuraba and boya castes have committed the offenceof murder of one Kuraba Kavali Rangamma, Bala Giddaiah and Kuraba Kavali Bajari and injured several other persons. Accordingly, a case was registered against the petitioners for the offence under Sections 147, 148, 324, 302 read with 149 IPC and they were put in jail and subsequently they were released on bail. One of the conditions of their bail was that they shall not enter the village and mandal and that they shall stay in Kurnool Municipal Corporation limits only. Thereafer, vide order dated 25.7.2007, the petitioners were permitted to stay at Dhone and by order dated 3.9.2007, the condition that they shall not enter the village is also relaxed. It is stated that in spite of the said order, the respondents have instructed the petitioners not to enter the village till they give permission. It is stated that even though the petitioners are in no any way connected with the offence, since the people belonging to the rival political party were attacking on their houses, they along with their family members fled away from the village and temporarily residing at some other places. The grievance of the petitioners is that at the instance of the rival party people, the local police are preventing them from entering the village. It is also stated that on 7.1.2009, they submitted a representation to the 1st respondent herein to permit them to enter and stay back in the village but so far the said representation is not considered and no orders are passed. Hence this writ petition. The 3rd respondent – Sub Inspector of Police, Krishnagiri Police Station filed a detailed counter affidavit inter alia stating that the petitioners were never prevented by the police to reside in their houses or carry on their agricultural operations in the village. In fact, some of the relatives of the petitioners are residing in the village and cultivating the lands without any hindrance and no third parties are cultivating the petitioners’ lands as alleged by the petitioners. In view of the above counter averments, no further orders need be passed in this writ petition. Accordingly, the writ petition is closed recording the above averments. N.V.RAMANA,J DT.2.3.2009 Note: Furnish CC in 3 days (B/o) msv