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High Court of Andhra Pradesh · body

2025 DAILYLAW 29137 (AP)

MALLELA NAGAIAH v. THE STATE OF AP

WP/21243/2025 · 2025-08-10

Venkata Jyothirmai Pratapa

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

H APHC010416422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) s m MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE A'/I O/i r. PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21243 OF 2025 Between: Mallela Nagaiah, S/o M.Ramakrishnaiah, Hindu, aged about 47 years, residing at D.No. 3-323, Kondamitta, Srikalahasthi, Tirupati District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Home, Secretariat buildings, Velagapudi, Amaravati. 2. The Superintendent of Police, Tirupati, Tirupati Distrct. 3. The Deputy Superintendent of Police, Srikalahasti, Tirupati Distrct. 4. The Inspector of Police, Srikalahasti I Town Police Station, Tirupati District 5. The Sub-Inspector of Police, Srikalahasti I Town Police Station, Tirupati District. ...Respondents 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, Order, or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent.no.3 to 5 herein in calling the petitioners herein to the police station and in interfering with the Pending civil disputes and forcing the petitioner herein to withdraw the civil suit in O.S.No.25 of 2025 on the file of the Hon’ble Principal Senior Civil Judge Srikalahasti filed by the Petitioner herein is perse illegal, arbitrary, unfair and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents not to call the petitioner to the police station without following due procedure established by law and further not to interfere in Pending the civil disputes lA 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 Respondents No.3 to 5 not to harass the petitioner by calling them to the police station / not to interfere in respect of the House Plot admeasuring in Sy.no.227 of Nagari Veedhi, Devudivari Sandhu - Old Head Post Office Road No. 3-876 (1), Assessment No. 3927, Ward No. 3 - Old Door.no, and Present D.No. 3-1051 Assessment No. 1011003665 - Previously Balaram Theatre, an total extent of 1850.09 Sq.feets Counsel for the Petitioner: SRI GALLA SUDARSANA RAO Counsel for the Respondents No.1 to 5: GP FOR HOME The Court made the following order: APHC010416422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3396] MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21243/2025 Between: 1.MALLELA NAGAIAH, S/0 M.RAMAKRISHNAIAH, HINDU, AGED ABOUT 47 YEARS, RESIDING AT D.NO. 3-323, KONDAMITTA SRIKALAHASTHI, TIRUPATI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOME VELAGAPUDI, AMARAVATI. 2.THE SUPERINTENDENT OF POLICE, TIRUPATI, TIRUPATI DISTRCT. 3.THE DEPUTY SUPERINTENDENT OF POLICE, SRIKALAHASTI TIRUPATI DISTRCT. 4.THE INSPECTOR OF POLICE, SRIKALAHASTI I TOWN POLICE STATION, TIRUPATI DISTRICT 5.THE SUBINSPECTOR OF POLICE, SRIKALAHASTI I TOWN POLICE STATION, TIRUPATI DISTRICT. SECRETARIAT BUILDINGS, ...RESPONDENT{S): Counsel for the Petitioner: 1.GALLA SUDARSANA RAO Counsel for the Respondent{S): 1.GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a ivrft of mandamus, declaring the action of the respondents 3 to 5 herein in calling the petitioners herein to the police station and in interfering with the pending civil disputes and forcing the petitioner herein to withdraw the civil suit in O.S.No.25 of 2025 on the file of the Hon'ble Pricipal Senior Civil Judge, Srikalahasti filed by the petitioner herein is perse illegal. arbitrary, unfair and violative of articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents not to call the petitioner to the police station without following due procedure established by law and further not to Interfere in pending the civil disputes and pass” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home. Learned counsel for the petitioner would submit that police are calling the petitioner to the police station and insisting him to withdraw the civil suit pending between the parties. Learned Assistant Government Pleader for Home seeks time to get instructions in the matter. 3. 4. Considering the submissions made, the police are directed not to interfere in the civil disputes between the parties. However, it does not preclude the police from taking any action if a crime is registered against the petitioner and is pending. The police are further directed to follow due process in accordance with the law. 5. 6. With the above directions, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //true copy// SECTION OFFICER of Pradesh, Department To State of Andhra Velagapudi, Amaravati, i, Tirupati Distrct Principal Secretary Secretariat buildings erintendent of Police, Tirupati 1. The Home 2. The Sup J- 3. The Deputy Superintendent of Police, Srikalahasti, Tirupati Distrct. 4. The Inspector of Police, Srikalahasti I Town Police Station, Tirupati District 5. The Sub-Inspector of Police, Srikalahasti I Town Police Station, Tirupati District. 6. One CC to SRI GALLA SUDARSANA RAO Advocate [OPUC] 7. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 8. Two CD Copies gsg m m HIGH COURT DATED: 11/08/2025 ORDER WP NO. 21243 OF 2025 ^ 13 AUG 2025 )^] Xysg^HTent Sectiogxyy DISPOSING THE WP WITHOUT COSTS