APHC010568992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29549/2025 Between: 1. MD MUMTAZ, W/O. MD. YOUSUF, 52 YEARS, OCC. HOUSEWIFE, R/O. 4-245, OLD DAIRYFARM SUNDAR NAGAR, VISAKHAPATNAM. 2. MOHAMMAD NISSAR AHMAD,, S/O MOHAMMAD YUSUFF, ABOUT 31 YEARS D.NO.4-245 (OLD D.NO.3-497/1), SUNDAR NAGAR, VISAKHAPATNAM - 530 040 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DITRICT 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. 3. THE STATION HOUSE OFFICER/CIRCLE INSPECTOR, ARILOVA POLICE STATION, VISAKHAPATNAM. 4. SRI VADISALA RAMU NAIDU, S/O LATE KONDAYYA, R/O D.NO.48- 5-34, SRINAGAR, VISAKHAPATNAM. ...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 or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent herein 2 in interfering with peaceful possession and enjoyment of the petitioner in house D.No.4-245 (Old D.No.3-497/1), Sundar Nagar, Visakhapatnam as bad, illegal, void , arbitrary and against the principles of natural justice without power of authority and opposed to the Articles 19, 21 and 300-A of the Constitution of India and set aside the same in connection with the civil dispute, and to consequentially direct the respondents herein not to interfere with the peaceful possession and enjoyment of the petitioner in House bearing D.No.4-245 (Old D.No.3- 497/1), Sundar Nagar, Visakhapatnam and to pass 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 Hon'ble Court may be pleased to direct the 3rd respondent herein, i.e. Station House Officer, Arilova Police Station, Visakhapatnam not to interfere or summon the petitioners in connection with the civil dispute relating to the property bearing D.No.4-245 (Old D.No.3-497/1), Sundar Nagar, Visakhapatnam, pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. VAMSI KRISHNA VARANASI Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29549 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent herein in interfering with peaceful possession and enjoyment of the petitioner in house D.No.4-245 (Old D.No.3-497/1), Sundar Nagar, Visakhapatnam as bad, illegal, void , arbitrary and against the principles of natural justice without power of authority and opposed to the Articles 19, 21 and 300-A of the Constitution of India and set aside the same in connection with the civil dispute, and to consequentially direct the respondents herein not to interfere with the peaceful possession and enjoyment of the petitioner in House bearing D.No.4-245 (Old D.No.3- 497/1), Sundar Nagar, Visakhapatnam and to pass.…” 2. Heard Sri Vamsi Krishna Varanasi, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that basing on the complaint made by one Vadisela Jaya Shankar, a case in Cr.No.436 of 2025 U/Sec. 79, 351(2) r/w 3(5) of BNS of Arilova Police Station, Visakhapatnam City has been registered on 25.10.2025 against the petitioners and the investigation is pending in the matter. 4 4. Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 5. Recording the submissions made by the learned Assistant Government Pleader for Home, this Writ Petition is disposed of. However, the police are directed to follow due process of law regarding the crime which has been registered against the petitioners. 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: 29.10.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.29549 of 2025 Dated.29.10.2025 UPS 181