APHC010358792020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23844/2020 Between: 1. SMT. BOTSA LAXMI, W/O SURYANARAYANA, AGED 65 YEARS, R/O 1-102, KAPU STREET, TUMARADA-532440, SRIKAKULAM DISTRICT. 2. BOTSA SURYANARAYANA, S/O SURAPPA NAIDU, R/O 1-102, KAPU STREET, TUMARADA-532440, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. THROUGH ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, , SRIKAKULAM DISTRICT AT SRIKAKULAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PALAKONDA, SRIKAKULAM DISTRICT 4. THE STATION HOUSE OFFICER, ,PALAKONDA POLICE STATION, PALAKONDA, SRIKAKULAM DISTRICT. 5. SRI R JANARDHANA RAO, 50 YEARS, SUB-INSPECTOR OF POLICE, PALAKONDA POLICE STATION, PALAKONDA, SRIKAKULAM DISTRICT. 6. NARU VENKATA NAIDU, , S/O JAGANNADHAM, AGED ABOUT 45 YEARS, R/O 3-70/4, MANGAMMAVARI COLONY, MADHURAWADA, 2 VISAKHAPATNAM. 7. NARU SATTI BABU, S/O JAGANNADHAM, R/O 3-70/4, MANGAMMAVARI COLONY, MADHURAWADA, VISAKHAPATNAM. ...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 to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents particularly the 5th respondent in interfering with the civil disputes by misusing his official capacity as Sub-Inspector of Police, in calling the petitioners to police station and in threatening with dire consequences of implicating them and their family members in false criminal cases at the instance of the unofficial respondents 6 and 7 herein in respect of the property situated in an extent of Ac.0-41 cents covered by Sy.No.113/1 of Tumarada Revenue Village, Palakonda Mandal, Srikakulam District as illegal, arbitrary, unjust, discriminatory, without jurisdiction and also in violation of the principles of Natural Justice and to consequently direct the respondents particularly the 5th respondent not to interfere in civil disputes with regard to the above said property by misusing his official capacity as Sub-Inspector of Police, not to call the petitioners to police station and not to threaten them to settle the dispute with respondents 6 and 7 in respect of the above property as he has no jurisdiction and to 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 to direct the respondents particularly the 5th respondent not to interfere in the civil disputes by misusing his official capacity as Sub-Inspector of Police, not to call the petitioners to police station and not to threaten them to settle the dispute with respondents 6 and 7 in respect of property situated in an extent of Ac.0-41 cents covered by Sy.No.113/1 of Tumarada Revenue Village, Palakonda Mandal, Srikakulam District, during the pendency of the above writ petition in the interest of justice and to pass Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S): 3 1. GP FOR HOME (AP) 4 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents particularly the 5th respondent in interfering with the civil disputes by misusing his official capacity as Sub-Inspector of Police, in calling the petitioners to police station and in threatening with dire consequences of implicating them and their family members in false criminal cases at the instance of the unofficial respondents 6 and 7 herein in respect of the property situated in an extent of Ac.0-41 cents covered by Sy.No.113/1 of Tumarada Revenue Village, Palakonda Mandal, Srikakulam District as illegal, arbitrary, unjust, discriminatory, without jurisdiction and also in violation of the principles of Natural Justice and to consequently direct the respondents particularly the 5th respondent not to interfere in civil disputes with regard to the above said property by misusing his official capacity as Sub-Inspector of Police, not to call the petitioners to police station and not to threaten them to settle the dispute with respondents 6 and 7 in respect of the above property as he has no jurisdiction and to pass...” 2. Heard Sri K.Jyoti Prasad, 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 disputes. 4. Learned Assistant Government Pleader would submit that basing on the complaint of the 6th respondent, the petitioner was called for preliminary enquiry and no crime has been registered against the police and in the light of the interim order passed by this Court, the police never interfered in the civil disputes pending between the parties. 5 5. In that view, this writ petition is disposed of. However, the police are directed not to call the petitioner to the police station. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:01.09.2025 MH 6 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 259 W.P.No.23844 of 2020 Dt.01.09.2025 MH