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2025 DAILYLAW 20761 (AP)

TH VISWANATHA v. The State of Andhra Pradesh,

WP/17098/2021 · 2025-09-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010291852021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17098/2021 Between: 1. TH VISWANATHA, S/O. LAKSHMIKANTHAIAH, AGED ABOUT 71 YEARS OCCU BUSINESS, R/O. D.NO. 11-20-15, RAMA MANDIRAM STREET, ELURU ROAD, VIJAYAWADA KRISHNA DISTRICT A.P. 2. THATIKONDA SAVITHRI, W/O. TATIKONDA VISWANATHAM, AGED 65 YEARS, HOUSE WIFE, R/O. D.NO. 11-20-15, RAMA MONDIRAM STREET, ELURU ROAD, VIJAYAWADA KRISHNA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, BUCKINGHAMPETA, VIJAYAWADA, ANDHRA PRADESH 520002 3. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT AT MACHILIPATNAM. 4. THE COMMISSIONER OF POLICE, VIJAYAWADA, KRISHNA DISTRICT. 5. MANTANA VENKATA SUBBA RAJU, S/O. SIMHADRI RAJU, AGED ABOUT 55 YEARS, OCC RICE BROKE, R/O. E.BAYYARAM, PANUPAKA MANDAL, KAMMAM DISTRICT. 6. V N V PAVAN KUMAR, SUB INSPECTOR OF POLICE, PATAMATA 2 POLICE STATION, VIJAYAWADA, KRISHNA DISTRICT. ...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 to issue a writ of MANDAMUS, declaring the action of the police in interfering the civil disputes relating to the rice Mill Business of the petitioners with 5th respondent herein by registering in FIR No. 290 of 2021 dated 03.07.2021 on the file of Jaggiahpet police station, and on the complaint of the 6th respondent herein by registering in FIR No. 592 of 2021 dated 14.07.2021, on the file of Patamata Police Station at the instance of various persons alleging that the petitioners herein have cheating them during the course of the Rice business. Without taking into consideration the pendency of the pre Litigation case in P.L.C.No.49 of 2014 filed by the 5th Respondent herein on the file of the pre litigation conuseling Forum, sub collectors Office, Vijayawada, Krishna District at illegal, arbitrary and article 14,19 1 g and 21 of the constitution of India and consequently direct the respondents 2 to 4 herein to issue necessary directions to the police not to interfere with the civil disputes of the petitioners by registering FIRs against them, forthwith in the interest of just and to pass such IA NO: 1 OF 2021 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 to Direct the Respondents 2 to 4 herein to issue necessary directions to the Police, not to interfere with the civil disputes of the Petitioners by registering FIRS against them, in the interest of justice in pending disposal of the above Writ Petition and pass such Counsel for the Petitioner(S): 1. VENKAT CHALASANI Counsel for the Respondent(S): 1. GP FOR HOME 3 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 a writ of MANDAMUS, declaring the action of the police in interfering the civil disputes relating to the Rice Mill Business of the petitioners with 5th respondent herein by registering in FIR No.290 of 2021 dated 03.07.2021 on the file of Jaggiahpet Police Station and on the complaint of the 6th respondent herein by registering in FIR No.592 of 2021 dated 14.07.2021, on the file of Patamata Police Station at the instance of various persons alleging that the petitioners herein have cheating them during the course of the Rice business. Without taking into consideration the pendency of the Pre- Litigation case in P.L.C.No.49 of 2014 filed by the 5th Respondent herein on the file of the Pre-Litigation Conuseling Forum, Sub-Collector’s Office, Vijayawada, Krishna District, as illegal, arbitrary and article 14, 19 (1) (g) and 21 of the constitution of India and consequently direct the respondents 2 to 4 herein to issue necessary directions to the police, not to interfere with the civil disputes of the petitioners by registering FIRs against them, forthwith in the interest of just and to pass...…” 2. Heard Sri Venkata Chalasani, learned counsel for the petitioners and Sri V.Farook, Learned Assistant Government Pleader for Home. 3. When the matter is taken up for hearing, learned Assistant Government Pleader for Home would submit that since the subject matter is civil in nature, the police authorities are not interfering in the civil disputes. 4 4. Learned Counsel for the petitioners would submit that recording the same, the petition may be disposed of, giving liberty to the petitioners to pursue the matter before appropriate forum. 5. Having regard to the submissions of both the learned counsel and in view of the fact that there are civil disputes between the petitioners and the unofficial respondents, this Court is of the considered view that no further orders are required in the present writ petition. 6. Accordingly, the Writ Petition is disposed of, granting liberty to the petitioners to work out their remedies before the appropriate forum. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 17.09.2025 SNI 5 84 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA W.P.No.17098 of 2021 Dated: 17.09.2025 SNI