.Gundabathula Kanaka Durga Rao v. The State of Andhra Pradesh,
WP/20351/2024 · 2025-12-19
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40997 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40997 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010399692024
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: 20351 OF 2024 Between:
1. .Gundabathula Kanaka Durga Rao, S/o.Rama Mohan Rao, Aged about 57 years, Occ Business, R/o D.No.5-5, Near Bus Stand Undi Village and Mandal, West Godavari District, Andhra Pradesh
2. GundabathulaSubba Rao, S/o.Rama Mohan Rao, Aged about 59 years, Occ Business, R/o D.No.5-5, Near Bus Stand Undi Village and Mandal, West Godavari District, Andhra Pradesh. 3. Dantuluri Rama Krishnam Raju, S/o.Suryanarayana Raju, Aged about 53 years, Occ Cultivation, R/o D.No.3-37/2,Elampudi , AnakoderuVillage ,BhimavaramMandal, West Godavari District, Andhra Pradesh. 4. GundabathulaVaraPrasaad, S/o.Satyanarayana, Aged about 44 years, Occ Business, R/o D.No.1-131,RTC Bus Stand Undi Village and Mandal, West Godavari District, Andhra Pradesh. 5. Thota Rama Rao, S/o.Nageswara Rao, Aged about 46 years, Occ Business, R/o D.No.1-131, Near Bus Stand Undi Village and Mandal, West Godavari District, Andhra Pradesh. ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary Home Department A.P.Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, West Godavari District, Bhimavaram, AP
3. The Circle Inspector of Police, Akiveedu Police Station Akiveedu,West Godavari District Andhra Pradesh
4.
The Sub Inspector of Police, Undi Police Station UndiMandal,West Godavari District Andhra Pradesh ...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 topleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus questioning the action of 4th Respondent in summoning the petitioners to the police station in connection with a civil dispute that has been unlawfully converted into a criminal matter in an attempt to settle the civil issues present in various Hon'ble Courts and interfering with their life and liberty and without any manner of right as illegal, arbitrary and violative of Art.19 and 21 of the Constitution of India and consequently direct the Respondents 2 to 4 not to interfere with petitioners' life and liberty and 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 pleased to direct the Respondents 2 to 4 not to summon and interfere with petitioners’ life and liberty pending disposal of the above writ petition and pass Counsel for the Petitioners: VUNDAVALLI JAGADISH VC Counsel for the Respondents: GP FOR HOME
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20351 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:
“…to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus questioning the action of 4th Respondent in summoning the petitioners to the police station in connection with a civil dispute that has been unlawfully converted into a criminal matter in an attempt to settle the civil issues present in various Hon'ble Courts and interfering with their life and liberty and without any manner of right as illegal, arbitrary and violative of Art.19 and 21 of the Constitution of India and consequently direct the Respondents 2 to 4 not to interfere with petitioners' life and liberty and to pass
2.
Heard Sri VundavalliJagadish VC, learned counsel for the petitioners and Sri P.AjayBabu, learned Assistant Government Pleader for Home for the respondents. 3.
Learned counsel for the petitioners would submit that it is a case of interference of police in the civil disputes between the parties and trying to convert the civil case into a criminal matter.
4. Learned Assistant Government Pleader for Home, on instructions, would submit that basing on the complaint of the unofficial respondents,petitioners were called to the police station for enquiry. No crime has been registered, since no cognizance offence is made out in that
complaint. He further submit that police never interfered in the civil disputes between the parties.
5.
Learned counsel for the petitioner would submit that the Court may pass appropriate Orders.
6. Recording the same, this Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the parties except under due process of law. 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
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 20351 OF 2024
Dated.20.12.2025
KKV
59
HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO: WRIT PETITION NO: 20351 OF 2024 PROCEEDING SHEET Sl. No. Date
ORDER OFFICE NOTE
2.
20.12.2025
Dr.VJP,J
The Writ Petition is disposed of.
(Vide separate order)
________ Dr.VJP, J KKV