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2025 DAILYLAW 28932 (AP)

G SRINIVASA RAO v. State of Andhra Pradesh,

WP/21600/2025 · 2025-08-19

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010412672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21600/2025 Between: 1. G SRINIVASA RAO, S/O G. LAKSHMAIAH, AGED ABOUT. 56 YEARS, FLAT NO.2, 4TH FLOOR, SRI NIVAS APARTMENTS, KONDAPANENI TOWNSHIP, RATNALA CHERUVU SERVICE ROAD, MANGALAGIRI POST, GUNTUR DISTRICT-522503 2. G.LOKESH SAI SRI,, S/O G SRINIVAS RAO, AGED ABOUT. 22 YRS. FLAT NO.2, 4TH FLOOR, SRI NIVAS APARTMENTS, KONDAPANENI TOWNSHIP, RATNALA CHERUVU SERVICE ROAD, MANGALAGIRI POST, GUNTUR DISTRICT-522503 3. GANAPANENI PADMASRI,, W/O G. SRINIVASA RAO, AGED ABOUT. 52 YEARS. FLAT NO.2, 4TH FLOOR, SRI NIVAS APARTMENTS, KONDAPANENI TOWNSHIP, RATNALA CHERUVU SERVICE ROAD, MANGALAGIRI POST, GUNTUR DISTRICT-522503 ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARAIT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT, GUNTUR URBAN, GUNTUR DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, NORTH SUB DIVISION, MANGALAGIRI, GUNTUR DISTRICT. 4. M BRAMHAIAH, CONSTABLE, THE DEPUTY SUPERINTENDENT OF POLICE OFFICE. NORTH SUB DIVISION, MANGALAGIRI, GUNTUR 2 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 order, direct or writ more particulary writ in the nature of writ of mandamus to declare that the Petitioner is aggreived by the action of the Respondents No.3 to 4 that they are arbitrarily and illegally involving in the civil dispute regarding the changes to the Petitioners apartment flat stilt parking space allotment No.6 by the muncipality without due procedure of law and the official Respondents forcing the Petitioners to attend to the 3rd Respondent office to settle the parking issue between the apartment co- owners and the Petitioners and the Respondent No.4 is calling the Petitioner through phone no.9989001160 and threatened the Petitioners by saying that if they doesn't come to the 3rd Respondent station that they will lodge a FIR against the Petitioners, which is nothing but the violation of Articles 14, 21 of Constitution of India and consequently direct the official Respondents to not to intervene in the civil dispute regarding the Petitioners apartment flat stilt parking space allotment No.6 issue and restrain the official Respondents to involve in any manner in the civil dispute 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 to direct the 3rd to 4th Respondents not to intervene in the civil dispute regarding the Petitioners apartment flat stilt parking dispute between the Petitioners and the co-owners of the apartment and also direct the Respondents not to take any coercive steps against the Petitioners pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. ANKALLA PRUDHVI RAJ Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21600 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue order, direct or writ more particularly writ in the nature of writ of mandamus to declare that the Petitioner is aggrieved by the action of the Respondents Nos.3 to 4 that they are arbitrarily and illegally involving in the civil dispute regarding the changes to the Petitioners apartment flat stilt parking space allotment No.6 by the municipality without due procedure of law and the official Respondents forcing the Petitioners to attend to the 3rd Respondent office to settle the parking issue between the apartment co-owners and the Petitioners and the Respondent No.4 is calling the Petitioner through phone no.9989001160 and threatened the Petitioners by saying that if they doesn't come to the 3rd Respondent station that they will lodge a FIR against the Petitioners, which is nothing but the violation of Articles 14, 21 of Constitution of India and consequently direct the official Respondents to not to intervene in the civil dispute regarding the Petitioners apartment flat stilt parking space allotment No.6 issue and restrain the official Respondents to involve in any manner in the civil dispute and to pass…” 2. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home on written instructions would submit that basing on the complaint of one Mr.B.Srinivasa Rao, the 4th respondent called the petitioners for preliminary enquiry through phone. After due enquiry, they found that there are civil disputes between the petitioners and Mr.B.Srinivasa Rao and they are not interfering in the civil disputes between the parties. 3. Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 4 4. Recording the above said submission, the Writ Petition is disposed of. However, the police are directed not to call the petitioner to the police station, since, no crime has been registered against him. 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: 20.08.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No. 21600 of 2025 Dated.20.08.2025 UPS 120