APHC010322912020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. Vella China Subbaiah, Vella China Subbaiah, s/o. Yadagiri Naidu, Aged about 68 years, agriculturist,r/o. Kavali Mustapuram village,Kaligiri Mandal, SPSR Nellore District 1. The State of Andhra Pradesh, State of A Secretary to Government Home Department,Secretariat, Velagapudi, Guntur district. 2. The Superintendent of Police, SPSR Nellore District, Nellore. 3. The Sub Inspector of Police, Kaligiri Police Station, SPSR Nellore di 4. Vemasani Venkateswarlu, s/o. Tirupathaiah Naidu, Aged about 55 years, r/o. Peda Padugupadu Village, Kovuru mandal, SPSR Nellore district 5. Vemasani Venkata Ratnam, s/o. Tirupathaiah Naidu, Aged about 45 years, r/o. Peda PadugupaduVillage, Kovuru 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 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21383 OF 2020 1. Vella China Subbaiah, Vella China Subbaiah, s/o. Yadagiri Naidu, Aged about 68 years, agriculturist,r/o. Kavali Mustapuram village,Kaligiri Mandal, ...Petitioner AND 1. The State of Andhra Pradesh, State of Andhra Pradesh, rep. by its Principal Secretary to Government Home Department,Secretariat, Velagapudi, Guntur 2. The Superintendent of Police, SPSR Nellore District, Nellore. 3. The Sub Inspector of Police, Kaligiri Police Station, SPSR Nellore di 4. Vemasani Venkateswarlu, s/o. Tirupathaiah Naidu, Aged about 55 years, r/o. Peda Padugupadu Village, Kovuru mandal, SPSR Nellore district 5. Vemasani Venkata Ratnam, s/o. Tirupathaiah Naidu, Aged about 45 years, r/o. Peda PadugupaduVillage, Kovuru mandal, SPSR Nellore district ...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 IN THE HIGH COURT OF ANDHRA PRADESH HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Vella China Subbaiah, Vella China Subbaiah, s/o. Yadagiri Naidu, Aged about 68 years, agriculturist,r/o. Kavali Mustapuram village,Kaligiri Mandal, ...Petitioner ndhra Pradesh, rep. by its Principal Secretary to Government Home Department,Secretariat, Velagapudi, Guntur 3. The Sub Inspector of Police, Kaligiri Police Station, SPSR Nellore district 4. Vemasani Venkateswarlu, s/o. Tirupathaiah Naidu, Aged about 55 years, r/o. Peda Padugupadu Village, Kovuru mandal, SPSR Nellore district 5. Vemasani Venkata Ratnam, s/o. Tirupathaiah Naidu, Aged about 45 years, mandal, SPSR Nellore district ...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 2 pleased toPleased to declaring the action of the respondent No. 3 in interfering in civil disputes between the petitioner and respondents 4 and 5 which are subject matter of Original Suit Nos. 40 of 2014 and 46 of 2014 on the file of the Senior Civil Judge, Kavali, SPSR Nellore district and calling the petitioner to police station, harassing him and threatening to foist false cases against him, at the instance of respondents 4 and 5, as illegal, arbitrary, without jurisdiction, contrary to law and violative of Articles 14 and 21 of the Constitution of India, and consequently direct the respondent No.3 not to interfere with civil disputes between the petitioner and respondents 4 and 5 in the interest of justice, 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 respondent No.3 not to interfere with civil disputes between the petitioner and respondents 4 and 5 which are subject matter of Original Suit Nos. 40 of 2014 and 46 of 2014 on the file of the Senior Civil Judge, Kavali, SPSR Nellore district,, in the interest of justice, and pass Counsel for the Petitioner: TENEPALLI NIRANJAN Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:SRINIVAS KARRA The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21383 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, particularly Respondent No. 6 and his subordinates at the instance of Respondent No. 8, in interfering with Petitioners personal liberty and insisting them to handover their agricultural landed property admeasuring Ac. 1.17 Cents (1/5th Shares each) covered by Sy. No.336 of Ravikampadu Revenue Village, Kamavarapukota Mandal of Eluru District, Erstwhile West Godavari District to the Respondent, as illegal, irregular, irrational, without any authority or sanction of law and violative of Articles 14, 21 and 300- Aof the Constitution of India and consequently direct the 8th Respondents particularly 6th Respondent and his subordinates not to interfere in any manner with Petitioners possession over their said property and pass …” 02. Heard Sri T.Niranjan, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 02. Learned counsel for the petitioners submits that without there being any crime registered against the petitioners, the police are calling them to the police station and interfering in a civil dispute between the petitioners and the unofficial respondents. 03. Learned Assistant Government Pleader for Home submits that no crime has been registered against the petitioner as on date. 4 04. Considering the submissions, this petition is disposed of. However, the police are directed to follow the due process of law in the event of registration of any crime against the petitioner. Further, the police are directed not to call the petitioner to the police station or interfere in the civil dispute in the absence of any crime registered against the petitioner. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.09.2025 KKV 5 139 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21383 OF 2020 03.09.2025 KKV