IN THE HIGH COURT OF JUDICATURE AT: AMARAVATHI

FOR THE STATE OF ANDHRA PRADESH

W.P.No.1084 OF 2019
Between:
1. Alapati Ramesh, S/o.A.Venkateswara Rao,
Aged about 50 years, R/o.Flat No:S.F.1,
Mahindra Enclave, D.No.32-7-2,
Prajasakthi Nagar, Moghulrajapuram,
Vijayawada-10, Krishna District,
AndhraPradesh
...Petitioners
And

1. The Mandal Executive Magistrate cum Tahsildar

Vijayawada Urban,
Vijayawada. Krishna District.

2. The Assistant Commissioner Of Police,

South Zone, Vijayawada City Police,
Suryaraopet, Vijayawada.

3. Dulipalla Anantha Sravanthi,

W/o.Venkata Deepak,
D/o.Dhulipalla Sudhakar,
Age :33 years, Occ:House Wife,
R/o.D.No.32-15-88, Dhulipalla Enclave,
Moghulrajapuram, Vijayawada-10,
Krishna District, AndhraPradesh.
. ...Respondents
WRIT PETITION UNDER ARTICLE 226
1. I, Alapati Ramesh, S/o.A.Venkateswara Rao, Aged about 50 years, R/o.Flat No:
S.F.1, Mahindra Enclave, D.No.32-7-2, Prajasakthi Nagar, Moghulrajapuram,
Vijayawada-10, Krishna District, AndhraPradesh, having temporarily came down to
Hyderabad do hereby solemnly affirm and sincerely state on oath as follows :
I am the petitioner herein, and as such I am well acquainted to the facts of the case.
I am swearing this affidavit

1
2. The above writ petition is being filed seeking to quash the proceeding in
M.C.No.1/2017 on the file of the Mandal Executive Magistrate. Vijayawada Urban, by
directing the Respondents No.4 to 6, not to interfere in civil disputes including with my
peaceful possession and enjoyment of the Property bearing D.No.33-16-28, Block No.1,
Ward No.11 admeasuring 325 Sq.yds situated at Ramanatham Street, Moghulrajapuram,
Vijayawada, Krishna district .

3. I am submit that, I am the Petitioner herein and absolute owner of the property
bearing D.No.33-16-28, Block No.1, Ward No.11 admeasuring 325 Sq.yds situated at
Ramanatham Street, Moghulrajapuram, Vijayawada, Krishna district, and I am in possession
and enjoyment of the same.

4. I submit that, originally the 3rd Respondent herein acquired the said schedule
property through a gift deed dt.09.03.2004 bearing Doc.No.836/2004 and delivery
possession in favour of Alapati Sambasivarao through sale agreement and as such the
Alapati Sambasivarao was in peaceful possession of the said property.

5. I submit that, subsequently Alapati Sambasivarao sold the property to me by

executing a registered Sale deed dt.16.09.2009 bearing document No.3389/2009 on the file
of S.R.O. Patamata and delivered the possession to me and that I am in peaceful possession
and also paying property tax as well as electricity bills which is being assessed in my name
and that the 7th Respondent is not at all in possession of the property.

6. I submit that, due to massive hike in the prices of the lands in and around the locality
where the property is situated, the 3rd Respondent with a malafide intention and to grab my
property and to squeeze money from me, started creating unnecessary litigation, she in
collusion with her husband filed O.P.No.507/2015 on the file of Family Court, Vijayawada
and obtained decree of divorce on 13.01.2016. Subsequently the 3 rd Respondent filed suit
O.S.No.253/2016, on the file of VIII Additional District & Sessions Judge Krishna District
AT Vijayawada, against me, by suppressing true facts. In the said suit, she also filed
I.A.No.912/2016 seeking injunction to restraining me from alienating the said suit schedule
property and also without she being in actual possession of the property, and where I am in
actual possession of the said property, she filed I.A.No.913/2016 with false allegations and
suppressing facts, sought to restrain me from interfering with her peaceful possession.
Having obtained ad-interim injunction against me in I.A.No.913/2016 on Dt: 27.07.2016,
the 3rd Respondent also filed Caveats dt.01.08.2016 against me before various court and as I
received the said copies of the Caveat and by reading Para No.4 at Page No.2, I came know
about the said suit and also about the Impugned Order dt.27.07.2016 passed against me.

7. I submit that, the 3rd Respondent after 8 years taking advantage of the ad-interim
injunction Orders obtained against me, she tried her level best to dispossess me and my
Tenant from the said property. when I complained the same to Respondents No.1,2they did
not receive my complaints.

8. I submit that, subsequently, as I filed C.M.A.No.598/2016 before this Hon’ble Court on

05.08.2016, the 3rd Respondent in collusion with the 2 nd Respondent, got filed false
complaint dt.07.08.2016 against me and got it registered on 07.08.2016 as
F.I.R.No.187/2016 on the file of Suryaraopet Police station. The 2 nd Respondent illegally
detained me in his office for hours together on several occasions and in presence of the 3 rd
Respondent.

9. I submit that, subsequently I filed my counters and documents in O.S.No253 of 2016

and in I.A.No.912/2016 & 913 /2016, and contested the matter and the Hon’ble VIII
Additional District & Sessions Judge Krishna District AT Vijayawada, while deciding the
said I.A.No.912 & 913/2016 on merits after hearing all parties, in its order dt.21.09.2016
was pleased to Vacate the ad-interim injunction granted against me and dismissed the
I.A.No.913/2016 in O.S.No.253/2016. And directed me not to alienate the said property till
the disposal of the suit.

10. I submit that, the 3rd Respondent also filed C.M.A.No.1048 of 2016 on 21.12.2016
before this court against the Orders dt.21.09.2016 passed in I.A.No.913/2016 in
O.S.No.253/2016 and that the same is pending and there are no interim order granted by this
Hon’ble court and the same was listed on 04.01.2017 .

11.I submit that, while things stood thus, while I was peacefully carrying on his wood work,
to our surprise all of a sudden, On 08.01.2017, Respondents No 2,3 visited my property and
informed that they are intended to seize the property, when the same was said showed all
the documents and Orders passed by this Hon’ble Court in C.M.A.No.598/2016 and also
Orders passed by the VIII Additional District cum sessions Judge in I.A.No.913/2016 in
O.S.No.253/2016, even then, the 2nd Respondents seized the property without serving any
notice Then I came to know about the Proceedings in M.C.No.1/2017 dt.06.01.2017 under
Sec.145 (1) of Cr.P.C & Proceedings in M.C.No.1/2017 dt.06.01.2017 under Sec.146 (1) of
Cr.P.C.

12. I further submit that, I am not been made as a party to the said proceedings, nor no
notice is served upon me till today, but the 3 rd Respondent surprisingly served a Caveat
Notice dt.09.01.2017 to me, where she alleges that I am proclaiming that I would approach
this Hon’ble court and challenge the said proceedings under M.C.No.1/2017 dt.07.01.2017.
It is pertinent to mention here that the Respondent No.1,2 did duty on 08.01.2017 which is a
Sunday, but 3rd Respondent filed Caveat immediately on 09.01.2017, even being a party to
the group causing breach of peace. This itself shows that 1,2 Respondents, committing
organized crime under the guise of the proceedings in M.C.No.1/2017 by misusing their
power and violating their duties to do favour to3rd Respondent and that is the reason they
initiated the said proceedings in my absence and that as per the proceedings, the 9 2nd
respondent taking advantage of his power under Sec.145 Cr.P.C, will conduct enquiry in the
said proceedings and as I am not party to proceedings, and Group-B members being only my
relatives but not related to the said property hence can’t adduce any evidence, and 3 rd
Respondent being No.2 of the Group-A having previous title before alienating the property
to me, will obviously produce the said document standing in her name and by suppressing
the remaining facts and proceedings. So that the 1th Respondent will decide the matter in her
favour.

13. I submit that the Petitioner herein have no other effective alternative remedy except
than to approach this Hon’ble Court under Article 226 of the Constitution of India.

14. It is, therefore, prayed that this Hon'ble Court may be pleased to issue a Writ, Order or
Direction more particularly one in the nature of Writ of Certiorari calling for the records in
M.C.No.1/2017 on the file of the Mandal Executive Magistrate. Vijayawada and quash the
same by declaring the action of the Respondents as illegal, arbitrary and violation of
fundamental rights and consequently direct the Respondents no2., not to interfere in civil
disputes including with the peaceful possession and enjoyment of the Property bearing
D.No.33-16-28, Block No.1, Ward No.11 admeasuring 325 Sq.yds situated at Ramanatham
Street, Moghulrajapuram, Vijayawada, Krishna district by the Petitioners., and pass such
other order or orders as are deemed fit and proper in the circumstances of the case.

LIST OF DOCUMENTS
Ex.P-1 Copy of the Order M.C. 07.01.2017
No. 1/2017.

Ex-P-2 Copy of the 08.01.2017

Panchanama along with
translation
Ex-P-3 Copy of the Sale Deed 16.09.2009
along with Translation

ADVOCATE/AMARAVATHI
HEMALATHA.ARELLA
2015014/SEC A