APHC010282062020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18626 OF 2020 Between: 1. Kalisetty Nagaraju,, S/o. Kalisetty Chikkanna, Aged. 58 years, Occ. Business, R/o. D. No. 5/86, Near Old Police Station, Kanekal (V and M), Ananthapuram District. 1. The State of Andhra Pradesh, Rep. Secretariat Building, Velagapudi, Amaravathi. 2. The Superintendent of Police, Ananthapur District, Ananthapur. 3. The Station House Officer, Kanekal Police Station, Kanekal Village and Mandal, Ananthapur District. 4. Serigiri Laavanya, W/o. Anil Kumar, Aged. 32 years, Occ. Housewife, R/o. D. No 4-11-74, Ambakkapalli Road, Pulivendala Village and Mandal, Kadapa District. 5. Kalisetty Chaithanya, D/o. Kalisetty Gangadarappa, Aged. 26 years, Occ. Private Employee, R/o. D. No. 5/86, Kanekal Village and Post, Kanekal Mandal, Anantapuram District. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 18626 OF 2020 1. Kalisetty Nagaraju,, S/o. Kalisetty Chikkanna, Aged. 58 years, Occ. Business, R/o. D. No. 5/86, Near Old Police Station, Kanekal (V and M), ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Home Dept. Secretariat Building, Velagapudi, Amaravathi. 2. The Superintendent of Police, Ananthapur District, Ananthapur. 3. The Station House Officer, Kanekal Police Station, Kanekal Village and Mandal, Ananthapur District. . Serigiri Laavanya, W/o. Anil Kumar, Aged. 32 years, Occ. Housewife, R/o. 74, Ambakkapalli Road, Pulivendala Village and Mandal, Kadapa 5. Kalisetty Chaithanya, D/o. Kalisetty Gangadarappa, Aged. 26 years, Occ. D. No. 5/86, Kanekal Village and Post, Kanekal Mandal, Anantapuram District. ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Kalisetty Nagaraju,, S/o. Kalisetty Chikkanna, Aged. 58 years, Occ. Business, R/o. D. No. 5/86, Near Old Police Station, Kanekal (V and M), ...Petitioner by its Principal Secretary, Home Dept. 3. The Station House Officer, Kanekal Police Station, Kanekal Village and . Serigiri Laavanya, W/o. Anil Kumar, Aged. 32 years, Occ. Housewife, R/o. 74, Ambakkapalli Road, Pulivendala Village and Mandal, Kadapa 5. Kalisetty Chaithanya, D/o. Kalisetty Gangadarappa, Aged. 26 years, Occ. D. No. 5/86, Kanekal Village and Post, Kanekal ...Respondents 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 pleased to issue appropriate writ, order or direction, more in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in interfering with the Petitioner's peaceful possession and enjoyment of the residential portion in the house bearing No. 5/86, Near Old Police Station, Kanekal (V and M), Ananthapur District, at the instance of Respondent No. 4 and 5 as illegal, arbitrary, unjustified and violate of the Fundamental Rights and consequentially direct the Respondents 3 to 5 not to interfere with Petitioner's lawful rights over the said property and to 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 Respondents 3 to 5 not to interfere with the Petitioner's peaceful possession and enjoyment of the residential portion in the house bearing No. 5/86, Near Old Police Station, Kanekal (V and M), Ananthapur District, by considering the representation dated:21/09/2020, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner: M L ALI Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18626 OF 2020 Order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue appropriate writ, order or direction, more in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in interfering with the Petitioner's peaceful possession and enjoyment of the residential portion in the house bearing No. 5/86, Near Old Police Station, Kanekal (V and M), Ananthapur District, at the instance of Respondent No. 4 and 5 as illegal, arbitrary, unjustified and violate of the Fundamental Rights and consequentially direct the Respondents 3 to 5 not to interfere with Petitioner's lawful rights over the said property and to pass…” 2. Heard Sri M.L. Ali, learned counsel for the petitioner, and Sri V. Farooq, learned Government Pleader for Home appearing for the respondents. 3. Learned counsel for the petitioner submits that the police are interfering with the peaceful possession and enjoyment of the petitioner in respect of the subject house at the instance of respondent Nos.4 and 5. 4. On the other hand, learned Government Pleader for Home, on written instructions, submits that respondent No.3 has received a complaint from the unofficial respondents. However, respondent No.3 has no knowledge with regard to the family disputes between the petitioner and respondent Nos.4 and 5. It is further submitted that the 3rd respondent has never interfered in the family disputes of the petitioner and the unofficial respondents at any point of time. It is also submitted that the matter is already pending before the learned Junior Civil Judge, Rayadurgam, in H.R.C. No.01 of 2019, and therefore, the petitioner has to approach before the competent Court of law to avail remedies. 5. Having regard to the submissions made and in view of the pendency of the proceedings before the competent Civil Court, this Court is not inclined to adjudicate the disputed questions in the present writ petition. 6. Accordingly, this Writ Petition is disposed of, leaving it open to the petitioner to work out his remedies in accordance with law before the appropriate forum. However, the police are directed to follow the due process of law in case of any crime has been registered against the petitioner. In absence of any crime against the petitioner, the police are directed not to call the petitioner to the police station. 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: 21.08.2025. KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.18626 of 2020 Dated.21.08.2025 KKV 176