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 : 2487 of 2009 Between: 1 G.Rama Krishna Reddy S/o.Chinna Gidda Reddy Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 2 Boya Chinna Naganna @ Nagulu S/o.Sunkanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 3 Kalva Bojjanna S/o.Venkatanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 4 Sriramulu S/o.Venkatanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 5 G.Suryanarayana Reddy S/o.Chinna Gidda Reddy Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 6 G.Pratap Reddy S/o.G.Rama Krishna Reddy Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 7 E.Sekhar Goud S/o.Bangarappa Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 8 Bangaraih S/o.Narsanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 9 E.Ravi Goud S/o.Bangarappa Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 10 Chinna Maddileti S/o.Errampanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 11 Boya Ramanjaneyula S/o.Bushanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 12 Boya Bushanna S/o.Chinna Sunkanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 13 Pedda Maddileti S/o.Errampanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 14 Boya Maddileti S/o.Boyanayudu Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 15 China Ramanjaneyula S/o.Bushanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 16 Boya Gopal S/o.Hanumanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 17 Hanumanna S/o.Gopal Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 18 Boya Jayanna S/o.Gopal Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 19 N.Nadipi Baskar S/o.Dubbanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 20 B.Maddanna S/o.B.Bazar Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 21 B.Pedda Baskar S/o.Maddanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 22 B.Chinna Baskar S/o.Maddanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 23 B.Erranna S/o.Sunkanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 24 B.Chinna Tirupalu S/o.Erranna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 25 Boya Nageswararao S/o.Chinna Tirupalu Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 26 B.Chandranna S/o.Chinna Tirupalu Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 27 B.Suresh S/o.Chinna Tirupalu Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 28 Peddaiah S/o.Bushanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 29 Boya Sunkanna S/o.Pedda Tirupalu Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 30 Chinna Hanumanthu S/o.Chinna Naganna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 31 Pedda Hanumanthu S/o.Chinna Naganna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 32 B.Chandranna S/o.Chinna Naganna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 33 Kalva Giddaiah S/o.Kalva Pedda Giddaiah Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 34 Boya Tirupalu S/o.Late Pedda Tirupalu Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. 35 Pedda Giddaiah S/o.Venkatanna Resident of T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District. ..... PETITIONER(S) AND 1 The Government of A.P. represented by 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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ or direction declaring action of the respondents in not permitting the petitioners to enter their residence and to carry out agricultural operations in T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District as illegal, arbitrary, unconstitutional, and unsustainable and violative of Article 14 of the Constitution of India and forthwith direct the respondents to permit the petitioners to enter the Village namely T.Gokulapadu Village, Krishnagiri Mandal, Kurnool District and to permit them to carry out the agricultural operations and pass such other or further orders. Counsel for the Petitioner: MRS.K.LALITHA 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 T.Gokulapadu 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 T.Gokulapadu 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 11.5.2008 in Crime No.37 of 2008 of Krishnagiri Police Station against petitioners 13, 14,17 and 30 herein for the offence under Sections 147, 148, 302 read with 149 IPC and they were put in jail for a period of 90 days and subsequently they were released on bail for non-filing of the charge sheet. Except petitioners 13,14,17 and 30, who are involved in the case, the other petitioners are in no any way connected with the offence and 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 and also demolished several of their houses and sold away the valuable things in those houses. It is also stated that the police have driven them out of the village earlier on three occasions when they tried to enter the village. Hence this writ petition. The 3rd respondent – Sub Inspector of Police, Krishnagiri Police Station filed a detailed counter affidavit inter alia stating that the local police never objected the petitioners from entering into the village on any day. To maintain law and order and to avert further breach of peace in the village, an armed police picket was also posted at the village and the same is being continued till to day. It is also stated 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