MYNENI GOPALA KRISHNAIAH v. The State of Andhra Pradesh,
WP/16732/2025 · 2025-07-24
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23472 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23472 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010330552025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16732/2025 Between:
1. MYNENI GOPALA KRISHNAIAH, , S/O. PUMA CHANDRA RAO, BUSINESS, R/O. H NO. 25-423-E1, RANI MAHARANI AREA, NANDYAL TOWN, NANDYALA DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPT. SECRETARIAT BLDGS, VELAGAPUDI, AMARAVATI. 2. THE SUPERINTENDENT OF POLICE, NANDYAL TOWN, NANDYAL DIST. 3. THE CIRCLE INSPECTOR OF POLICE, NANDYAL TALUK POLICE STATION, NANDYA NANDYAL DIST. 4. THE STATION HOUSE OFFICER, III TOWN POLICE, NANDYAL, NANDYAL DISTRICT. 5. MYNENI VENU BABU, S/O. PUMA CHANDRA RAO, AGED ABOUT 53 YEARS. ADVOCATE, H NO. 26-613-D-3, ROYAL COMPOUND, R S ROAD, NANDYAL TOWN AND 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 tomay be pleased to issue a writ, order or direction more particularly
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one in the nature of writ of mandamus, to declare the acts on the part of the respondent No. 3 in i summoning the petitioner to Taluk P.S, that too during night hours asking to sit in the Police Station for hours together and pressuring the petitioner to settle the civil disputes, suit OS No. 15/2022 for partition pending on the file of Honble III Addl District Judge, Kurnool at Nandyal or otherwise he will open rowdy sheet amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India, without jurisdiction and not consequently direct the respondent No. not to interfere with the petitioners life, liberty and property in the interest of justice and to pass IA NO: 1 OF 2025 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 respondent No. 3 not to interfere petitioner’s life, liberty and property more so for the lands as mentioned in civil suit OS No. 15/2022 on the file of Hon’ble III Addl District Judge, Kurnool at Nandyal pending disposal of the above WP in the interest of justice and to pass necessary order or orders as this Hon’ble Court may deem fit. Counsel for the Petitioner:
1.
Counsel for the Petitioner:
1. T C KRISHNAN Counsel for the Respondent(S):
1. GP FOR HOME
2. P NARAHARI BABU
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The Court made the following:
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer:
“….to issue a writ, order or direction more particularly one in the nature of writ of mandamus, to declare the acts on the part of the respondent No. 3 in i summoning the petitioner to Taluk P.S, that too during night hours asking to sit in the Police Station for hours together and pressuring the petitioner to settle the civil disputes, suit OS No. 15/2022 for partition pending on the file of Honble III Addl District Judge, Kurnool at Nandyal or otherwise he will open rowdy sheet amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India, without jurisdiction and not consequently direct the respondent No. not to interfere with the petitioners life, liberty and property in the interest of justice and to pass.…”
2. Heard Sri T.C.Krishnan, learned counsel for the petitioner and Sri V.Farook, Learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that the police are interfering in the civil matter.
4. Learned Assistant Government Pleader for Home would submit that on the complaint made by the respondent No.5, police are calling the petitioner to the police station and they are not interfering in the civil dispute which is pending between the parties
5.
Learned counsel for the unofficial respondent would submit that they have presented a complaint against the petitioner before the police and it is pending for consideration.
6. Recording the submissions made, this Writ Petition is disposed of. However, the police are directed not to interfere in the civil dispute between the petitioner and the respondent No.5 since civil dispute is already pending
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before the civil Court. It does not preclude the police to take further course of action according to law. 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: 25.07.2025 MH
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
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WRIT PETITION NO: 16732/2025
Dt.25.07.2025
MH