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2025 DAILYLAW 23571 (AP)

MAHALAKSHMI AUTO VENTURES v. THE STATE OF AP

WP/16881/2025 · 2025-07-10

Harinath N

body2025

Judgment text

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H' APHC010332522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No: 16881 OF 2025 . Between: 1. Mahalak$hmi Auto Ventures, A Registered Partnership with Registration No.287 of 2011 Dated 30.12.2011 on the file of the Registrar of Firms, Vijayawada Having its Office at 40-26/1-15, Sriram Nagar, Labbipeta^ Vijayawada, Andhra Pradesh, Represented by its Managing Partner, A.Sakunt Mohan, S/o. Mohana Rama Dass, Aged about 43 years, OccBusiness, R/o.Vijayawada, Andhra Pradesh. 2. A.Sakunt fvlohan, S/o. Mohana Rama Dass Aged about 43 years, Occ R/o. 40-26)1-15, Sriram Nagar, Labbipeta, Vijayawada, u-""' Business Andhra Pradesh. ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati. 2. The Commissioner of Police, Vijayawad'a Police Commissionerate Vijayawada, NTR District. 3. The Station House Officer, Patamata Police Station, Auto Nagar, Vijayawada. 4. The Subinspector of Police, Patamata Police S^tion, Auto Nagar, Vijayawada. Shaik Asha Latha, W/o. Vankadaru Harikrishna, Aged about 36 years, Occ: Housewife, R/o. D.No. 74-24-24/1, Dhanekulavari Veedhi, Ashok Nagar, Vijayawada. Vankadaru Harikrishna, S/o. V.Subhash Chandra Bose, Aged about 37 years, Occ: Business, R/o. D.No. 74-2^-24/1, Dhanekulavari Veedhi, Ashok Nagar, Vijayawada. ' S.Revathi, W/o.Not known to the Petitioner, Aged about 30 years, Occ; Sub- Inspector of Police, C/o. Patamata Police Statin, Auto Nagar, Vijayawada. 5. 6. 7. ...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 issue an appropriate writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent Police in interfering in Civil Disputes in respect of the Petitioners Plot Nos. 19 and 20 (Part) ad-measuring 405 sq.yds (out of 1,000 Sq.yds) situated in RS.No.151 Block C.XII, Jawahar Auto Nagar, Industrial Development Authority, Vijayawada and in calling the Petitioners to the Patamata Police Station from time to time and threatening them with dire consequences and false cases in the event the Petitioners do not settle the disputes with the Respondent Nos.5 & 6 as illegal, wholly without jurisdiction and violative of principles of natural justice and Articles 14, 19, 21, 22 300A of the Constitution of India and to consequently direct the Respondent Police not to interfere in civil disputes or call the Petitioners to the Police Station to settle the disputes with the Respondent Nos.5 & 6 in respect of the said Plot Nos. 19 and 20 (Part). lA 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 to direct Respondent Police not to interfere with the Petitioners possession force any settlements with the Respondent Nos.5 & 6 in respect of the Plot or Nos. 19 and 20 (Part) admeasuring 4b'0 sq.yds (out of 1,000 Sq.yds) situated in RS.No.151 Block C.XII, Jawahar Auto Nagar, Industrial Development Authority, Vijayawada. Counsel for the Petitioners: SRI M.R.K. CHAKRAVARTHY - Counsel for the Respondent Nos.1 to 4: GP FOR HOME ' Counsel for the Respondent Nos.5 to 7: The Court made the following order: IT'"-.' APHC010332522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 3l- FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16881/2025 Between: 1.MAHALAKSHMI AUTO VENTURES, A REGISTERED PARTNERSHIP WITH REGISTRATION NO.287 OF 2011 DATED 30.12.2011 ON THE FILE OF THE REGISTRAR OF FIRMS, VIJAYAWADA HAVING ITS OFFICE AT 40-26/1-15, SRIRAM NAGAR, LABBIPETA, VIJAYAWADA, ANDHRA PRADESH, REPRESENTED BY ITS MANAGING PARTNER,’ A.SAKUNT MOHAN, S/O. MOHANA RAMA DASS, AGED ABOUT 43 YEARS, OCCBUSINESS, R/0.VIJAYAWADA, ANDHRA PRADESH. 2.A.SAKUNT MOHAN, S/O. MOHANA RAMA DASS AGED ABOUT 43 YEARS, OCC BUSINESS, R/0. 40-26/1-15, SRIRAM NAGAR, LABBIPETA, VIJAYAWADA, ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI. 2.THE COMMISSIONER OF POLICE, VIJAYAWADA POLICE COMMISSIONERATE VIJAYAWADA, NTR DISTRICT. 3.THE STATION HOUSE OFFICER, PATAMATA POLICE STATION, AUTO NAGAR, VIJAYAWADA. 4.THE SUBINSPECTOR OF POLICE, PATAMATA POLICE STATION, AUTO NAGAR, VIJAYAWADA. 2 5.HAIK ASHA LATHA, W/0. VANKADARU HARIKRISHNA AGED ABOUT 36 YEARS, OCC HOUSEWIFE, R/0. D.NO. DHANEKULAVARI VEEDHI, ASHOK NAGAR, VIJAYAWADA. 6.VANKADARU HARIKRISHNA, S/0. V.SUBHASH CHANDRA BOSE AGED ABOUT 37 YEARS, OCC BUSINESS, R/0. D.NO. 74-24-24/1, DHANEKULAVARI VEEDHI, ASHOK NAGAR, VIJAYAWADA. 7.S REVATHI, W/0.NOT KNOWN TO THE PETITIONER, AGED ABOUT 30 YEARS, OCC SUB- INSPECTOR OF POLICE, C/0. PATAMATA POLICE STATIN, AUTO NAGAR, VIJAYAWADA. 74-24-24/1 ...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 an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the Respondent Police in interfering in Civil Disputes in respect of the Petitioners Plot Nos.19 and 20 (Part) ad-measuring 400 sq.yds (out of 1,000 Sq.yds) Jawahar Auto Nagar, Industrialsituated in RS.No.151 Block C.XII Development Authority, Vijayawada and in calling the Petitioners to the Patamata Police Station from time to time and threatening them with dire consequences and false cases in the event the Petitioners do not settle the disputes with the Respondent Nos.5 6 as illegal, wholly without jurisdiction and violative of principles of natural justice and Articles 14, 19, 21,22 300A of the Constitution of India and to consequently direct the Respondent Police not to interfere in civil disputes or call the Petitioners to the Police Station to settle the disputes with the Respondent Nos.5 6 in respect of the said Plot Nos. 19 and 20 (Part) and pass s Counsel for the Petitioner(S): 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16881 of 2025 ORDER:- Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing for the Home. 2. Learned counsel for the petitioners submits that the 1 St petitioner purchased plot Nos.19 and 20 admeasuring 400 square yards in Jawahar Auto Nagar from the 5*^ respondent. It is submitted that a suit for injunction was filed by the 5**^ respondent against the petitioners, which ended up as a compromise before Lok Adalath and the 5^ respondent has to repay an amount of Rs.1,67,50,000/- to the 1®' petitioner and on re-payment of the said amount, the possession of the property would be handedover to the 5*^ respondent. It is submitted that the 5^*^ respondent has not paid the amount as agreed before Lok Adalath, however, the 4^*^ respondent is insisting the petitioners to re-deliver the possession. 3. Considering the facts and circumstances of the case, this Court is inclined to dispose of the Writ Petition at the stage of admission itself, directing the 4‘^ respondent not to interfere with the civil disputes between the petitioners and the unofficial respondents. It is left open of the parties to the Lok Adalath award to workout their remedies before the appropriate Court. 4 t Accordingly, this Writ Petition is disposed of. There shall be no order as 4. to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed, sd/- Nl PRABHAKAR RAO assistANT,REGI^KAK i!^h5fficer //TRUE COPY// SECT To, 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravati. 2. The Commissioner of Police, Vijayawada Police Commissionerate Vijayawada, NTR District. 3. The Station House Officer, Patamata Police Station, Auto Nagar, Vijayawada. 4. The Subinspector of Police, Patamata Police Station, Auto Nagar, Vijayawada. 5. Shaik Asha Latha, W/o. Vankadaru Harikrishna, Aged about 36 years, Occ: Housewife, R/o. D.No. 74-24-24/1, Dhanekulavari Veedhi, Ashok Nagar, Vijayawada. 6. Vankadaru Harikrishna, S/o. V.Subhash Chandra Bose, Aged about 37 years, Occ; Business, R/o. D.No. 74-24-24/1, Dhanekulavari Veedhi, Ashok Nagar, Vijayawada. 7. S.Revathi, W/o.Not known to the Petitioner, Aged about 30 years, Occ: Sub- Inspector of Police, C/o. Patamata Police Statin, Auto Nagar, Vijayawada. 8. One CC to Sri M.R.K.Chakravarthy, Advocate [OPUC] 9. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 10.Two CD Copies. gi •“T HIGH COURT DATED:11/07/2025 X 0 8 AUG 2075 , Current Section ^'t^OespATCMgS-^ ORDER WP No.16881 OF 2025 ■e ml; DISPOSING OF THE WRIT PETITION WITHOUT COSTS