APHC010391412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21700/2025 Between: 1. GUNALA SIVA NAGA LAKSHMI, . W/O LATE GUNALA PRABHUKIRAN @ KIRAN BABU, AGED 42 YEARS, RESIDENT OF DOOR NO. 59A-21/5-25, HANUMA BUILDING, THIRD FLOOR, TANGELLAMUDIVARI STREET VIVEKANANDA COLONY, PATAMATA, VIJAYAWADA-520010, NTR DISTRICT. 2. GUNALA KRISHNA HEMANTH,, S/O LATE GUNALA PRABHUKIRAN @ KIRAN BABU, AGED 24 YEARS, RESIDENT OF DOOR NO. 59A- 21/5-25, HANUMA BUILDING, THIRD FLOOR, TANGELLAMUDIVARI STREET, VIVEKANANDA COLONY, PATAMATA, VIJAYAWADA- 520010, NTR DISTRICT. 3. GUNALA KRISHNA BHAVANA, D/O LATE GUNALA PRABHUKIRAN @ KIRAN BABU, AGED AIYEARS, RESIDENT OF DOOR NO.59A- 21/5-25, HANUMA BUILDING, THIRD FLOOR, TANGELLAMUDIVARI STREET, VIVEKANANDA COLONY, PATAMATA, VIJAYAWADA- 520010, NTR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, DGP OFFICE GOVERNMENT OF ANDHRA PRADESH, NH-5, MANGALAGIRI, 2 GUNTUR DISTRICT. 3. THE COMMISSIONER OF POLICE, VIJAYAWADA URBAN, VIJAYAWADA. 4. THE ASSISTANT COMMISSIONER OF POLICE, WEST ZONE, CENTRAL ACP., TIKKIL ROAD, NEAR D.V.MANOR, VIJAYAWADA, NTR DISTRICT. 5. THE INSPECTOR OF POLICE SHO, GUNADALA POLICE STATION, MADHURANAGAR, VIJAYAWADA, NTR DISTRICT. 6. KONA SARVESWARA RAO, S/O JAGANNADHA RAO, AGED ABOUT MIDYEARS, RESIDENT OF FLAT NO. 201, CMR RESIDENCY, VISTNUVARDHANA RAO STREET, SURYARAOPET, DEVI OIL MILL ROAD, VIJAYAWADA, NTR DISTRICT. 7. VASA MAHESH, S/O VENKATA NAGESWARA RAO, AGED ABOUT 46 YEARS, DOOR NO. 27-11-8, D.C.M.PLAZA, 1ST FLOOR, MERI STREET, GOVERNORPET, VIJAYAWADA, NTR DISTRICT. 8. KELLA GOPALAKRISHNA, S/O SURYANARAYANA, AGED ABOUT 48 YEARS. DOOR NO. 30-21-16, 2ND FLOOR, NAVATA TRANSPORT STREET, MACHAVARAM, CHUTTUGUNTA, VIJAYAWADA, NTR DISTRICT. 9. SANIKOMMU SIVA REDDY, FATHERS NAME NOT KNOWN. AGED ABOUT 47YEARS, RESIDENT OF THIRD FLOOR, CMR RESIDENCY, VISTNUVARDHANA RAO STREET, SURYARAOPET, DEVI OIL MILL ROAD, VIJAYAWADA, NTR 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 order or Direction particularly one in the nature of Writ of Mandamus declaring the respondents No. 4 to 9 not to interfere the Petitioners’ peaceful possession and enjoyment of the schedule property situated at Gunadala R.S.No. 148/1, present Survey R.S.No. 148/IB bearing Door No. 49-4/1-14B, Gunadala, Vijayawada Municipal Corporation area, Vijayawada in an extent of 145-2 Sq.yards of house site consists of RCC ground, first and second floor building pending disposal of the Writ petitioners IA NO: 1 OF 2025 3 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 pass such other order directing the 3rd respondent to give police protection to the petitioners schedule property pending disposal of the writ petition Counsel for the Petitioner(S): 1. K SATYA SAI KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21700 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an order or Direction particularly one in the nature of Writ of Mandamus declaring the respondent Nos. 4 to 9 not to interfere the Petitioners’ peaceful possession and enjoyment of the schedule property situated at Gunadala R.S.No.148/1, present Survey R.S.No. 148/IB bearing Door No. 49-4/1-14B, Gunadala, Vijayawada Municipal Corporation area, Vijayawada in an extent of 145-2 Sq.yards of house site consists of RCC ground, first and second floor building pending disposal of the Writ petitioners…” 2. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home representing on behalf of the respondents, on written instructions would submit that on 08.07.2025, the 5th respondent police received the 112 call from the petitioners. The 5th respondent police sent his staff to the disputed site to pacify the situation. Thereafter, the petitioner lodged a complaint on 10.07.2025 before the SHO, Gunadala P.S. Basing on the contents of the complaint, the 5th respondent police conducted preliminary enquiry. After enquiry, it came to the light that there are civil disputes between the petitioners and the unofficial respondents and the petitioners have also filed O.S.No.163 of 2024 before the II Additional Senior Civil Judge, Vijayawada. The police are not interfering in the civil disputes between the petitioners and the unofficial respondents. 3. Sri K.Satya Sai Kumar, learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5 4. Recording the above said submissions, the Writ Petition is disposed of. However, the petitioners are at liberty to work out their remedies before the appropriate forum. The police are also directed not to interfere in the civil disputes between the petitioners and the unofficial respondents. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.08.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.21700 of 2025 Dated.19.08.2025 UPS 65