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2025 DAILYLAW 18049 (AP)

Tandava Aswini v. State of AP through its Principal Secretary,

WP/16457/2020 · 2025-08-05

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010250302020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16457/2020 Between: 1. TANDAVA ASWINI, S/O LATE TULASI RAJU, HINDU, MALE, AGE 43 YEARS, TEMPLE PRIEST, FLOT NO 404, TIRUMALA SAI RESIDENCY, SVN NAGAR, 100 FT RING ROAD, VIZIANAGARAM, VIZIANAGARAM DIST. 2. TANDAVA MEGHA,, W/O ASWINI, HINDU, FEMALE, AGE 40 YEARS, FLOT NO 404, TIRUMALA SAI RESIDENCY, SVN NAGAR, 100 FT RING ROAD, VIZIANAGARAM, VIZIANAGARAM DIST ...PETITIONER(S) AND 1. STATE OF AP THROUGH ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, VIZIANAGARAM, VIZIANAGARAM DISTRICT 4. THE CIRCLE INSPECTOR OF POLICE RURAL, VIZIANAGARAM, VIZIANAGARAM DISTRICT 5. THE STATION HOUSE OFFICER RURAL, VIZIANAGARAM, VIZIANAGARAM DISTRICT 6. THE THASILDAR, VIZIANAGARAM MANDAL REVENUE OFFICE, VIZIANAGARAM DISTRICT. 2 7. SIDHAPUREDDY HEMANTH KUMAR, S/O NAGESWARA RAO, HINDU, MALE, AGE 42 YEARS, H.NO 1-73, LINGAMPALLY, SERILINGAMPALLY, RANGAREDDI DIST. TELANGANA STATE. 8. SIDHAPUREDDY KIRAN KUMAR, S/O NAGESWARA RAO, HINDU, MALE, AGE 40 YEARS, D.NO 114-646FLOT NO 20, D-BLOCK, VIJAYA HILLS APARTMENT, HYDERABAD. TELANGANA STATE. 9. ADAPA LATHA RANI, W/O APV KISHORE, HINDU, FEMALE, AGE 39, H.NO G2-3-1-20, NR.MAYTAS HILLS COLONY, RAGHAVENDRA RESIDENCY, KKM COLONY-1, BECHUPALLE, HYDERABAD, TELANGANA STATE. 10. KURAMUPU AJAYA KUMAR DASH, S/O DURGA DASH, HINDU, MALE, AGE 42 YEARS, PLOT NO 16, 1ST FLOOR, BALAJI ADARSH AVENUES, NIZAMPET, K.V RANGAREDDY DIST. TELANGANA STATE. 11. NAMMI APPALA RAJU, S/O ADINARAYANA, HINDU, MALE, AGE 39 YEARS, SANTOSH NAGAR, V.T.AGRAHARAM, VIZIANAGARAM, VIZIANAGARAM DIST. ...RESPONDENT(S): 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 topleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th Respondent in calling the Petitioners frequently to Police Station to settle Civil Disputes and thretening with dire consequences for demolition of Temple structures at the instance of 7th to 11th Respondents by over-riding in to realm of Judiciary without relegating forcebly is illegal, contrary to Article 14, 21 and 300-A of the Constitution, violation of Human Rights and No. 322-1 of AP Police Standing Orders besides Sec. 9, Code of Civil Procedure and Consequential direction not to interfere on a premise of alleged private civil disputes of petitioners and respondents No 7 to 11 by force any longer without due process and pass IA NO: 1 OF 2020 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 pleased to direct the 5th Respondent not to interfere in private civil disputes between petitioners and respondents No 7 to 11 on the guise of encrochments any longer without due process and pass 3 Counsel for the Petitioner(S): 1. DASAKA MURALI KRISHNA Counsel for the Respondent(S): 1. GP FOR HOME 2. S.V.S.S.SIVA RAM 4 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th Respondent in calling the Petitioners frequently to Police Station to settle Civil Disputes and thretening with dire consequences for demolition of Temple structures at the instance of 7th to 11th Respondents by over-riding in to realm of Judiciary without relegating forcebly is illegal, contrary to Article 14, 21 and 300-A of the Constitution, violation of Human Rights and No. 322-1 of AP Police Standing Orders besides Sec. 9, Code of Civil Procedure and Consequential direction not to interfere on a premise of alleged private civil disputes of petitioners and respondents No 7 to 11 by force any longer without due process and pass..…” 2. Heard Sri Dasika Murali Krishna, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, learned Assistant Government Pleader would submit that the police are not interfering in the matter, since it is a civil in nature. 4. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. However, the police are directed not to interfere in the civil dispute. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.08.2025 MH 5 114 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.16457 of 2020 Dated.06.08.2025 MH