NALLURI NAGESWARAR RAO v. THE STATE OF ANDHRA PRADESH
WP/17204/2025 · 2025-07-10
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24044 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24044 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010340182025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17204/2025 Between:
1. NALLURI NAGESWARAR RAO, S/O.SRINIVASRAO, AGED ABOUT. 39 YEARS, R/O. BLOCK NO.11, FLAT NO. 13, PHASE-4, AUTO NAGAR, GUNTUR, GUNTUR DT. ANDHRA PRADESH -522001
2. VEMULAMADAVENKATA NAGA KOTESWARARAO,, S/O.GOVARDHANARAO (LATE), AGED ABOUT. 33 YEARS, R/O.FLAT NO. 401, PARK INN APPARTMENT, GUNTUR, GUNTUR DT. ANDHRA PRADESH -522034 . ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. -
2. THE SUPERINTENDENT OF POLICE, FOR KRISHNA DISTRICT THE DISTRICT POLICE OFFICE, KRISHNA, MACHILIPATNAM, ANDHRA PRADESH, 521001
3. THE SUBINSPECTOR OF POLICE, NAGAYALANKA POLICE STATION, NAGAYALANKA MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 4. KALIDINDI RAJESH, AGED ABOUT 38 YEARS. OFFICE ADDRESS.NAGAYALANKA POLICE STATION NAGAYALANKA MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH.
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...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 a Writ of Mandamus, declaring the action of Respondent No.3 in repeatedly summoning, threatening, and coercing the Petitioners to repay an alleged loan borrowed by the late GovardhanaRao, who was the paternal uncle of Petitioner No.1 and the father of Petitioner No.2as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19(1)(g), and 21 of the Constitution of India, as the impugned action of the police amounts to unwarranted interference in a purely civil dispute, which is wholly without Jurisdiction and contrary to the well- established principles of law and Consequently direct the Respondent authorities, particularly Respondent No.3, not to interfere in the civil disputes of the Petitioners 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 pleased to direct the Respondent authorities, particularly Respondent No.3, not to summon, harass, threaten, or take any coercive action against the Petitioners in connection with the alleged loan said to have been borrowed by the deceased GovardhanaRao, and to refrain from interfering in any manner in the civil disputes involving the Petitioners, and pass Counsel for the Petitioner(S):
1. BHOOMA MAHARSHI REDDY Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17204 of 2025 ORDER:-
Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the Home. 2.
The learned counsel for the petitioners submits that the petitioners are being troubled by respondent Nos.3 and 4 and the respondent No.3 is pressurizing the petitioners to repay the loans which were obtained by the 2nd petitioner’s father in his life time. It is submitted that the petitioners are no way connected with the said loans, however, now being troubled by the respondent No.3 by summoning them to repay the loans obtained by the 2nd petitioner’s father. 3. Considering the submissions, this Court is inclined to dispose of the Writ Petition at the admission stage by directing respondent No.3 not to interfere in the civil disputes between the petitioner and the third parties without following the due process of law. 4. With these observations, this Writ Petition is disposed of. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dt: 11.07.2025 sj
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116 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 17204 of 2025
Dt: 11.07.2025 sj