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APHC010368832025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18868/2025 Between:
1. P. NABI SAB, S/O NABI AGED 55 YEARS OCC CULTIVATION R/O, KOWTHALAM VILLAGE AND MANDAL, KURNOOL DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT,
A.P.SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT.
2. THE SUPERINTENDENT OF POLICE, KURNOOL, KURNOOL DISTRICT.
3. THE DEPUTY SUPERINTENDENT OF POLICE, YEMMIGANUR, KURNOOL DISTRICT.
4. THE CIRCLE INSPECTOR OF POLICE, KOWTHLAM POLICE STATION, KOWTHLAM MANDAL KURNOOL DISTRICT.
5. THE STATION HOUSE OFFICER, KOWTHLAM POLICE STATION KOWTHLAM MANDAL KURNOOL DISTRICT.
6. PEDDA RANGASWAMY, S/O. K.NARAYANAPPA, AGED ABOUT 48 YEARS R/O. H.NO.1/125-30 PEDDA HARIVANAM (V) ADONI MANDAL, KURNOOL DISTRICT.
7. CHINNA RANGASWAMY, S/O.K.NARAYANAPPA AGED ABOUT 43
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YEARS R/O. H.NO 1/125-30, PEDDA HARIVANAM (V) ADONI MANDAL, KURNOOL 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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents not considering the petitioner's representation dated 24.6.2025 in regarding to the 4th and 5th respondents interfering civil disputes while pending the OS.No. 462/2022 before the Principal Civil Judge, Adoni, Kurnool District as illegal, contrary to law, arbitrary, unconstitutional and without jurisdiction, and consequently direct 2nd and 3rd respondents consider the petitioner's representation by directing the 4th and 5th respondents not to interfere into civil disputes while pending the OS.No.462/2022 on the file of the Principal Civil Judge, Adoni, Kurnool District 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 to direct the 2nd and 3rd respondents to consider the petitioner’s representation dated 24.6.2025 by directing the 4th and 5th respondents not to interfere into civil disputes while pending the OS.No.462/2022 on the file of the Principal Civil Judge, Adoni, Kurnool District, pending disposal of the writ petition Counsel for the Petitioner:
1. MARELLA RADHA Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for the respondents 1 to 5.
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2.
Learned counsel for the petitioners would submit that a civil dispute is pending between the petitioner and unofficial respondents 6 and 7. The unofficial respondents 6 and 7 with the aid of respondents 4 and 5, are trying to take possession of the property forcefully. To that effect, the petitioner made a representation dated 24.06.2025 to the respondents 2 and 3.
Learned counsel would further submit that a direction may be given to the respondents 2 and 3 to consider the representation by directing the respondents 4 and 5 not to interfere in the civil disputes.
3. Learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint given by one K.Bhagyalakshmi, a case has been registered against the petitioner and his relative P.Khasim Sab vide Crime No.74 of 2025 and the case is being investigated into. During investigation, the respondent No.4 visited the scene of offence, examined six witnesses and recorded their statements. The petitioner and his relative were served with 35(3) BNSS. After completion of investigation, police filed charge sheet and same was numbered as C.C.No.536 of 2025. Thereafter, the petitioner and said Khasim Sab in order to grab the property of 6th respondent, filed O.S.No.462 of 2022 seeking ad- interim injunction. Learned Assistant Government pleader would further submit that the police never summoned the petitioner to the police station and did not conduct any civil panchayat. The petitioner and his relative were called to the police station only to serve notices under 35(3) BNSS.
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4. Considering the submissions made, the Writ Petition is disposed of, directing the respondent-police not to interfere in the civil disputes between the petitioners and unofficial respondents. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 28.07.2025 ARR
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251 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 18868/2025
Dt.28.07.2025
ARR