Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 40597 (AP)

A. Durga v. The State of Andhra Pradesh,

WP/20402/2024 · 2025-12-19

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010396382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20402 OF 2024 Between: 1. A. Durga, W/o. A. Prasad, Aged about 35 years, Housewife, R/o. Edigapalli Village, Nandanur Post, G D Nellore Mandal, Chittoor District 2. A. Amulu, W/o. P. Gangadharam, Aged about 37 years, Housewife, R/o. Edigapalli Village, Nandanur Post, G D Nellore Mandal, Chittoor District ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat Bids, Amaravati. 2. The Superintendent of Police, Chittoor, Chittoor District. 3. The Circle Inspector of Police, G D Nellore Mandal, Chittoor District. 4. The Station House Officer, Gangadhar Nellore Police Station Chittoor District. 5. The District Collector, .Chittoor Dist. Chittoor. 6. The Thasildar, Gangadhar Nellore Mandal, Chittoor District. 7. S Narayanaswamy, S/o. Late S Raghunadhaiah, Aged about 49 years. Cultivation R/o. Edigapalli Village, Nandanur Post, G D Nellore Mandal, Chittoor District. 8. V Munirajulu, S/o. Late V. Varadarajulu, Aged about 64 years. Cultivation R/o. Edigapalli Village, Nandanur Post, G D Nellore Mandal, Chittoor 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 tomay be pleased to issued a writ, order or direction more particularly one in the nature of Writ of Mandamus,declaring the acts on the part of respondents3 a 4 in summoning the petitioners to the Police Station and insisting to settle the civil issues with the respondents 7 and 8, pending civil suit 05 No. 247/2024 on the file of Honble Civil Judge (Junior Division) Chittoor amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India, besides being violative of principles of natural justice, without authority and contrary to law and consequently direct the respondents 3 and 4 not to involve in the civil disputes more particularly pending suit No. 247/2024 on the file of Honble Civil Judge ( Junior Division) Chittoor in the interest of justiceand to pass IA NO: 1 OF 2024 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 may be pleased to direct the respondents 3 & 4 not to involve in the civil disputes more particularly pending civil suit 05 No. 247/2024 on the file of Hon'ble Civil Judge (Junior Division) Chittoor pending disposal of the above W.P. interest of justice and to pass Counsel for the Petitioners: T C KRISHNAN Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:B V ANJANEYULU THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20402 OF 2024 The Court made the following order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…be pleased to issued a writ, order or direction more particularly one in the nature of Writ of Mandamus,declaring the acts on the part of respondents3 a 4 in summoning the petitioners to the Police Station and insisting to settle the civil issues with the respondents 7 and 8, pending civil suit 05 No. 247/2024 on the file of Honble Civil Judge (Junior Division) Chittoor amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India, besides being violative of principles of natural justice, without authority and contrary to law and consequently direct the respondents 3 and 4 not to involve in the civil disputes more particularly pending suit No. 247/2024 on the file of Honble Civil Judge ( Junior Division) Chittoor in the interest of justice and to pass 2. Heard T.C.Krishnan, learned counsel for the petitioner and Sri P.AjayBabu, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that, despite pendency of civil suit in O.S.No.247of 2024 between the petitioner and unofficial respondents. He would further submit that police are calling the petitioner to the police station insisting to settle the civil suit with respondent Nos.7 and 8. 4. Learned Assistant Government Pleader would submit that police are not interfering in the civil disputes between the parties and court may pass appropriate orders by giving liberty to the police to proceed with the matter in case any crime is already registered against the petitioner. 5. Learned counsel for the petitioner would submit that recording the same, the writ petition is disposed of. 6. Considering the submissions, it is apposite to dispose of the present writ petition. However, police are directed not to interfere in the civil disputes between the parties except under due process of law. It does not preclude the police to proceed with investigation, if any crime is already registered against the petitioner in this matter. 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:20.12.2025 KKV