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2025 DAILYLAW 31965 (AP)

SHAIK JILANI BASHA v. The State of Andhra Pradesh,

WP/23995/2025 · 2025-09-09

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010468442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23995/2025 Between: 1. SHAIK JILANI BASHA, S/O SK. RAHAMTULLAH, AGED 29 YEARS, OCC PRIVATE DRIVER, R/O. 8-2-75, SASTRY NAGAR, BADVEL TOWN, GOPAVARAM MANDAL, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, YSR KADAPA DISTRICT AT KADAPA. 3. THE SUBDIVISIONAL POLICE OFFICER, MYDHKUR, YSR KADAPA DISTRICT. 4. THE INSPECTOR OF POLICE, BADVEL CIRCLE, BADVEL, YSR KADAPA DISTRICT 5. THE SUBINSPECTOR OF POLICE AND SHO, BADVEL TOWN POLICE STATION, BADVEL, YSR KADAPA DISTRICT. 6. SRI JURAKALA CHINNAPA REDDY, AGED MAJOR R/O. 17/118, EGUVA BRAHMANA VEEDHI, BADVEL TOWN, YSR KADAPA DISTRICT. 7. MISS JURAKALA RAJESWARI, D/O CHINNAPA REDDY, AGED MAJOR, R/O. 17/118, EGUVA BRAHMANA VEEDHI BADVEL TOWN, YSR KADAPA 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly of Respondents No 4 and 5, at the instance of Respondents No 6 and 7, in harassing him by calling over phone, summoning to the Office of 5th Respondent and insisting the petitioners to settle the alleged amount claimed to be due by the Respondent by yielding to her terms or in the alternative to surrender his property to her, as illegal, irregular, irrational, without any authority of law and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents, particularly the Respondents No 4 and 5 not to interfere in any manner with his legitimate right to defend the false claim of the Respondents No. 6 and 7 as well as with his personal liberty and pass such 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 Respondents No: 4 & 5 not to interfere in any manner with petitioner’s right to defend the false claim of Respondents No. 6 & 7, nor insist him to appear before them in connection therewith, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23995 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly of Respondents No 4 and 5 at the instance of Respondents No 6 and 7 in harassing him by calling over phone summoning to the Office of 5th Respondent and insisting the petitioners to settle the alleged amount claimed to be due by the Respondent by yielding to her terms or in the alternative to surrender his property to her as illegal irregular irrational without any authority of law and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents particularly the Respondents No 4 and 5 not to interfere in any manner with his legitimate right to defend the false claim of the Respondents No 6 and 7 as well as with his personal liberty and pass.…” 2. Heard Ms.Nimmagadda Revathi, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the police are calling the petitioner to the police station without there being any crime registered against them and also they are interfering with the civil disputes between him and the unofficial respondents. 4. Learned Assistant Government Pleader for Home would submit that the police are not interfering with the civil disputes between the petitioner and the unofficial respondents. 5. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 6. Recording the above said submissions, 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 and also not to interfere with the civil disputes between the petitioner and the unofficial respondents. Further, in case, a crime is registered against the petitioner, police are directed to follow due process according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 10th September, 2025 RKS