Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 16090 (AP)

Sri Attar Habeebur Rahiman v. The State of Andhra Pradesh

WP/10474/2025 · 2025-04-23

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

% % IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE present THE HONOURABLE SRI JUSTICE HARINATH.N WRIT petition NO: 10474 OF 2025 Between: 1. Sri Attar Habeebur Rahiman, S/o Buran Sab, aged 50 years 2. Sri Attar Azeezur Rahiman, S/o Buran Sab, aged 47 years, both are R/o D.No.63/56, Shukrumiya Street. Trunk, road. Rayachoty. Kadapa district ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Home Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Superintendent of Police, Annamayya District at Rayachoty 3. The Circle Inspector of Police Rayachoty (urban), Annamayya district 4. The sub Inspector of Police, Rayachoty (urban) PS Annamayya district 5. Sri S.Abdul Jaheer, SI of Police Rayachoty Urban PS Annamayya district 6. Sri Syed Saheb @ syed sabjan, S/o Kamal Sab, aged about 50 D.No. 20/54 Saddam St, Back side of Ravi theatre Annamayya district 7. Sri Syed Ameer Jan, S/o Kamal Sab, aged 45 years R/o D. No 20/55, Saddam Street, Back Side of Ravi Theater, Rayachoty, Kadapa district ...Respondents years Rayachoty Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order direction or a Writ Of Mandamus declaring the action of the respondent no.4 and 5/SI of police Rayachoty Urban PS Aiirramayya District in interfering into the civil disputes that are pending between the writ petitioners and the respondents 6 and 7 in the civil courts # f^yachoty Annamayya District and aiding/making the Respondents 6 and 7 to construct highhandedly a wall in writ petitioners land by encroaching that too pending AS No. 1/2025 before the V Additional District Judge Court Rayachoty Annamayya District and further directing the writ petitioners to go to the police station for settlement/compromise with R6 and R& regarding the Appeal/Suit Schedule Property Land and Saw Mill situated in Rayachoty Village and town of Annamayya District In S. No. 819/2 to an extent of Ac 0.75 cents out of Ac 4.06 cents bounded By East 15 feet width Rasta, West Land belongs to Nasyam Ameer Bee and others. North- Land of writ petitioners. North- Land of writ petitioners. South - Land belongs to writ petitioners, failing which he threatens that he would be registering false criminal cases against the writ petitioners and asking them to sign some bond and white papers as illegal arbitrary, unconstitutional and consequently direct the respondents Nos 4 and 5/the SI of Police Rayachoty Urban PS of Annamayya district to interfere into the civil disputes pending between the writ petitioners the unofficial respondents Nos 6 and 7 and not to insist the writ petitioners to go to the police station and not to put signatures on bond and white on not and papers and not to go for a settlement of the civil disputes with R6 and R7 and direct him further not to aid/supporting the respondents 6 and 7 from making any further constructions in the above said landed property. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents No’s 4 & 5/the SI of Police Rayachoty Urban PS20-4-2025 of Annamayya District not to interfere into the civil disputes pending between the writ petitioners and the unofficial respondents Nos 6 &7 and not to insist the writ petitioners to go to the police station and not to put signatures on bond & white papers and not to go for a settlement of the civil disputes with R6 and R7 and direct him further aid/supporting the respondents 6 & 7 from making any further constructions in the above said landed property. Counsel for the Petitioner: SRI. S S BHATT not to Counsel for the Respondent Nos. 1 to 4: GP FOR HOME The Court made the following order: APHC010210312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) • I [3457] V WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10474/2025 Between: Sri/Attar Habeebur Rahiman and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.SSBHATT Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following Order: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home, appearing for the respondents 1 to 4. The learned counsel for the petitioner submits that the petitioner is aggrieved by the action of the respondents in not acting upon the petitioners’ representation dated 15.04.2025. 2. The learned Assistant Government Pleader appearing for the Home submits that the representation of the petitioners dated 15.04.2025 will 3. be considered by the respondents, as per the law. 2 Considering the facts and circumstances of the case, this Court is inclined to disposed off the Writ Petition at the stage of admission itself, directing the 2"^ respondent to consider the petitioners’ representation dated 15.04.2025, in accordance with law and as per the procedure contemplated under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short, "BNSS”). Accordingly, this Writ Petition is disposed off. There shall be no 4. 5. order as to costs. 6. As a sequel thereto, the miscellaneous petitions, if any, pending \ shall stand closed. \ Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, 1. The Principal Secretary Department of HomTe, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Superintendent of Police, Annama^ District State of Andhra Pradesh, at Rayachoty 3. The Circle Inspector of Police Rayachoty Vilfban), Annamayya 4. The sub Inspector of Police, Rayachoty (urban) PS Annamayya 5. One CC to Sri. S S Bhatt Advocate [OPUCJ^ district district 6. Two CCs to GP for Home, High Court Of Andhra 7. Three CD Copies Pradesh. [OUT] GSC :f HIGH COURT DATED:23/04/2025 ORDER WP.No.10474of 2025 DISPOSING THE WP WITHOUT COSTS