4 APHC010401932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 01? , FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI WRIT PETITION NO: 203Qa OF 2025 PRATAPA Between: 1. Mohammad Kabeer Pasha, S/o Mohammad Ismail Estate dealer, Age- 56 Yrs, Occ- Real R/o 76-16-27/51, / Bhavahipuram, Urmila Nagar, Vijayawada. A Block, Sai Durga Apartments 2. Mohammad Nasreen Fathima, W/o Mohammad Yrs, Occ- House Wife, R/o 76-16-27/51 Bhavanipuram, Urmila Nagar, Vijayawada. Kabeer Pasha, Age- 44 A Block, Sai Durga Apartments ...Petitioners AND 1. state of Andhra Pradesh, Rep.by its Principal Secretary Secretariat Buildings, Velagapudi, Guntur District 2. The Director General of Police, ‘ Quarters, Managalagiri, Guntur District. 3. The Superintendent of Police, NTR District (Home), State A.P. State of Andhra Pradesh, Police Head at Vijayawada. 4. The Station House Officer, Bhavanipuram Police Station NTR District. ...Respondents of India praying that in the J, the High Court may be Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue a Writ, one in the nature of a Writ of Mandamus appropriate Wirt, Direction or Order directing the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioners in the subject property except by due process of law and Declare the or any other and their tenant actions of the Respondents, particularly the 4*' Respondent, in coercing the tenant to vacate-and attempting to interfere with the civil possession of the petitioners, as illegal and without authority of law and violative of Articles 14 19(1)(g) and 21, of the Constitution of India. lA NO: 1 OF 202fi 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 Respondent Nos. 4 not to interfere with the peaceful enjoyment of the Petitioners and their tenant in the subject property except by due process of law. Counsel for the Petitioners: M/s. GOUTHAMI SURAPAREDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: possession and APHC010401932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 20308/2025 Between: 1.MOHAMMAD KABEER PASHA, S/O.MOHAMMAD ISMAIL, AGE 56 YRS, OCC:REAL ESTATE DEALER, R/0.76-16-27/51 A BLOCK, SAl DURGA APARTMENTS, BHAVANIPURAM, URMILA NAGAR, VIJAYAWADA. 2.MOHAMMAD NASREEN FATHIMA, W/0 MOHAMMAD KABEER PASHA, AGE- 44 YRS, OCC- HOUSE WIFE, R/0.76-16-27/51 A BLOCK, SAl DURGA APARTMENTS BHAVANIPURAM, URMILA NAGAR, VIJAYAWADA. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY (HOME) VELAGAPUDI, GUNTUR DISTRICT, A.P. 2.THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, POLICE HEAD QUARTERS, MANAGALAGIRI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF POLICE, NTR DISTRICT AT VIJAYAWADA. STATE SECRETARIAT BUILDINGS, 4.THE STATION HOUSE OFFICER, BHAVANIPURAM POLICE STATION, 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 a Writ, one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order directing the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioners and their tenant in the subject property except by due process of law and Declare the actions of the Respondents,particularlythe 4^'" Respondent, in coercing the tenant to vacate and attempting to interfere with the civil possession of the petitioners, as illegal and without authority of law and violative of Articles 14, 19(1)(g) and 21, of the Constitution of India and pass 2 Counsel for the Petitioner(S): 1.GOUTHAMI SURAPAREDDY Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners under Article 226 of the Constitution of India for the following relief: " ... to issue a Writ, one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order directing the Respondents not to interfere with the peaceful possession and enjoyment of the Petitioners and their tenant in the subject property except by due process of law and Declare the actions of the Respondents, particularly the 4^'’ Respondent, in coercing the tenant to vacate and attempting to interfere with the civil possession of the petitioners, as illegal and without authority of law and violative of Articles 14, 19(l)(g) and 21, of the Constitution of India and pass ...." 2. Heard learned counsel for the Petitioners and learned Assistant Government Pleader for Home appearing for respondent/State. Perused the material on record. 3. Learned counsel for the Petitioners would submit that respondent Police interfered in the civil disputes and forcibly evicted the tenant of the Petitioners without following due process of law and that respondent No.4 registered a case against the Petitioners in crime No.89 of 2013 of I Town Police Station, Vijayawada without following due process of law. 4. Learned Assistant Government Pleader for Home would submit that respondent Police on written instructions dated 01.08.2025 would submit that the respondent Police have started investigation of the subject crime which is of 3 the year 2013 and that the police are not interfering in the civil disputes and that the Court may pass appropriate orders. 5. Considering the submission, it is apposite to direct the respondent Police not to interfere in the civil disputes of the Petitioners except following due process of law relating to Crime l\lo.89 of 2013 of I Town Police Station, Vijayawada, which is registered against the Petitioners. 6. With the above direction, this Writ Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary (Home), State of Andhra Pradesh, State Secretariat Buildings, Velagapudi, Guntur District, A.P. 2. The Director General of Police, State of Andhra Pradesh, Police Head Quarters, Managalagiri, Guntur District. 3. The Superintendent of Police, NTR District at Vijayawada. 4. The Station House officer, Bhavanipuram Police Station, NTR District. 5. One CC to M/s. Gouthami Surapareddy, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CD Cppies RAM HIGH COURT DATED;01/08/2025 ORDER WP NO. 20308 OF 2025 DISPOSING OF THE WP WITHOUT COSTS