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2025 DAILYLAW 40229 (AP)

GONELA SIDDAIAH v. THE STATE OF ANDHRA PRADESH

WP/26040/2023 · 2025-12-07

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010504322023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. GONELA SIDDAIAH, S/O. LATE VEERA RAGHAVAIAH, AGED ABOUT 58 YEARS, OCC. BUSINESS, R/O. D.NO.11/540 GNANAMMA THOTA, SANTHAPETA, NELLORE, SPSR NELLORE DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY HOME DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT 2. THE SUPERINTENDENT OF POLICE, , SPSR NELLORE DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, MUTTUKURU POLICE STATION, MUTTUKURU MANDAL, SPSR NELLORE DISTRICT. 4. THE SUBINSPECTOR OF POLICE, MUTTUKURU POLICE STATION, MUTTUKURU MANDAL, SPSR NELLORE DISTRICT. 5. G RAMANAIAH, S/O. LATE VEERA RAGHAVAIAH AGED ABOUT 66 YEARS, R/O.D.NO.3 SPSR NELLORE DISTRICT 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 topleased to issue a writ of mandamus or any other appropriate writ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26040/2023 GONELA SIDDAIAH, S/O. LATE VEERA RAGHAVAIAH, AGED ABOUT 58 YEARS, OCC. BUSINESS, R/O. D.NO.11/540 GNANAMMA THOTA, SANTHAPETA, NELLORE, SPSR NELLORE ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, AMARAVATI, THE SUPERINTENDENT OF POLICE, , SPSR NELLORE DISTRICT. THE CIRCLE INSPECTOR OF POLICE, MUTTUKURU POLICE STATION, MUTTUKURU MANDAL, SPSR NELLORE DISTRICT. INSPECTOR OF POLICE, MUTTUKURU POLICE STATION, MUTTUKURU MANDAL, SPSR NELLORE DISTRICT. G RAMANAIAH, S/O. LATE VEERA RAGHAVAIAH AGED ABOUT 66 YEARS, R/O.D.NO.3-566, LAKSHMIPURAM VILLAGE, NELLORE, SPSR NELLORE 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 topleased to issue a writ of mandamus or any other appropriate writ IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA GONELA SIDDAIAH, S/O. LATE VEERA RAGHAVAIAH, AGED ABOUT 58 YEARS, OCC. BUSINESS, R/O. D.NO.11/540 GNANAMMA THOTA, SANTHAPETA, NELLORE, SPSR NELLORE ...PETITIONER PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, AMARAVATI, THE SUPERINTENDENT OF POLICE, , SPSR NELLORE DISTRICT. THE CIRCLE INSPECTOR OF POLICE, MUTTUKURU POLICE STATION, MUTTUKURU MANDAL, SPSR NELLORE DISTRICT. INSPECTOR OF POLICE, MUTTUKURU POLICE STATION, G RAMANAIAH, S/O. LATE VEERA RAGHAVAIAH AGED ABOUT 66 566, LAKSHMIPURAM VILLAGE, NELLORE, ...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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents 3 and 4 in threatening the petitioner and his tenants to vacate the house i.e., house bearing Door No.3- 20, situated at Kallapadoruvu village, Muttukuru Mandal, SPSR Nellore District as illegal, arbitrary, one without jurisdiction and violative of Article 21 of the Constitution of India. and consequently direct the respondents 3 and 4 not to interfere in the civil disputes by calling the petitioner to the police station and pressuring the petitioner and his tenants to vacate the house bearing Door No.3-20, situated at Kallapadoruvu village, Muttukuru Mandal, SPSR Nellore District and pass IA NO: 1 OF 2023 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 pleased to direct the respondents 3 and 4 not to interfere in the civil disputes by calh the petitioner to the police station and pressuring the petitioner and his tenants to vacate the house bearing Door No.3-20, situated at Kallapadoruvu village, Muttukuru Mandal, SPSR Nellore District and pass Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26040/2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to pass an Order to Issue a Writ or Order or Direction more to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents 3 and 4 in threatening the petitioner and his tenants to vacate the house i.e., house bearing Door No.3-20, situated at Kallapadoruvu village, Muttukuru Mandal, SPSR Nellore District as illegal, arbitrary, one without jurisdiction and violative of Article 21 of the Constitution of India. and consequently direct the respondents 3 and 4 not to interfere in the civil disputes by calling the petitioner to the police station and pressuring the petitioner and his tenants to vacate the house bearing Door No.3-20, situated at Kallapadoruvu village, Muttukuru Mandal, SPSR Nellore District and pass...…” 2. Heard Sri C.Subodh, learned counsel for the petitioner, and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that, it is a case of interference of police in the civil disputes. 4. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that on 02.10.2023 the respondent police received court endorsement report of the complainant Gonela Ramanaiah from the learned Judicial Magistrate First Class for Railways, Nellore, vide C.F.NO.784/2023 and registered as a case in Cr.No:133/23 U/s 324, 406, 417, 420, 426, 447, 448, 506 r/w 34 IPC. He further submit that police never interfere in the civil disputes between the parties. 5. Considering the submissions, the Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedy before the appropriate forum according to law. There shall be no order as to costs. As sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 08.12.2025 KKV