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2025 DAILYLAW 41694 (AP)

SHAIK MAHABOOB BASHA v. THE STATE OF ANDHRA PRADESH

WP/31786/2025 · 2025-11-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010612982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31786/2025 Between: 1. SHAIK MAHABOOB BASHA, S/O. SHAIK GAFOOR SAHEB, AGED ABOUT 59 YEARS, R/O.D.NO. 10/70-15, KHALEEL NAGAR, KADAPA TOWN, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO HOME DEPARTMENT, SECRETARIAT BUILDING, SECRETARIAT, VELAGAPUDI, GUNTUR DITRICT 2. THE SUPERINTENDENT OF POLICE, YSR KADAPA DISTRICT. 3. THE CIRCLE INSPECTOR, VONTIMITTA P.S, YSR KADAPA DISTRICT. 4. THE STATION HOUSE OFFICER, VONTIMITTA P.S, YSR KADAPA DISTRICT. 5. SHAIK RIYAJ, S/O.SHAIK MADAAR SAHEB, AGED ABOUT 35 YEARS, R/O.49,131, RAVINDRA NAGAR, BESIDE KAMAL FANCY STORE KADAPA, YSR KADAPA DISTRICT, ANDHRA PRADESH - 516003, CELL-9989788915. 6. SHAIK ELIYAZ, S/O.SHAIK MADAAR SAHEB, AGED ABOUT 32 YEARS, R/O.49,131, RAVINDRA NAGAR, BESIDE KAMAL FANCY STORE, KADAPA, YSR KADAPA DISTRICT, ANDHRA PRADESH - 516003,CELL-7382048430. 2 7. SHAIK MADAAR SAHEB, S/O SHAIK KHASIM SAHEB, AGED ABOUT- MAJOR, ADDRESS 49/131 RAVINDRA NAGAR, BESIDE KAMAL FANCY STORE.M KADAPA 516003. PHONE - 9701321994 8. KARIMUNNISA, W/O MOULALI, AGED ABOUT 70 YEARS, R/O ASHOK NAGAR, CHINNA CHOWK, KADAPA CITY, YSR KADAPA DISTRICT, A.P,CELL-9959382995. 9. SIGAMALA MURALI, S/0 SIGAMALA PULLAIAH, AGED- MAJOR, ADDRESS NADIMPALLY HARIJANAWADA BUDAYAPALLI CHINNA CHOWK, KADAPA. PHONE - 6302648282 10. KATTI LAKSHMI NARASAIAH, S/0 KATTI CHINNA NARSAIAH AGED - MAJOR, ADDRESS HARIJANAWADA, VONTIMITTA, 516213 KADAPA DISTRICT. A.P. PHONE - 9703988964. 11. SHAIK JABIULLA, S/0 SHAIK KAREEMULLA, ABOUT- MAJOR, ADDRESS 2/107, JANDAMAN STREET VONTIMITTA, 516213 KADAPA DISTRICT A.P. PHONE - 7013732214. 12. SHAIK CHAND BASHA, S/0 SHAIK MADAR SAHEB, AGED ABOUT- MAJOR, ADDRESS 49/131, RAVINDRA NAGAR. BESIDE KAMAL FANCY STORE, KADAPA 516003. PHONE - 9989788915. ...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 of Mandamus or any other appropriate writ, order, or direction declare the action of respondent Nos. 2 to 4 in interfering with the petitioners civil dispute and compelling the petitioner to settle the matter with respondent Nos. 5 to 12 as illegal, arbitrary, unconstitutional and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently the respondent Nos. 2 to 4 to strictly refrain from interfering in civil disputes relating to the petitioners land in Sy.No.1472, Vontimitta Village 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 direct respondent Nos. 2 to 4 not to interfere with the petitioners peaceful possession or liberty, and not to compel the petitioner to enter into any settlement with respondent Nos. 5 to 12 ,Pending disposal of the writ petition pending disposal of the above writ petition and to pass 3 Counsel for the Petitioner: 1. MEDARA SIVA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31786 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ of Mandamus or any other appropriate writ, order, or direction declare the action of respondent Nos. 2 to 4 in interfering with the petitioners civil dispute and compelling the petitioner to settle the matter with respondent Nos. 5 to 12 as illegal, arbitrary, unconstitutional and violative of Articles 14, 19, 21 and 300- A of the Constitution of India and consequently the respondent Nos. 2 to 4 to strictly refrain from interfering in civil disputes relating to the petitioners land in Sy.No.1472, Vontimitta Village and to pass.…” 2. Heard Sri Medara Siva Prasad, learned Counsel for the Petitioner and Sri V.Farook, learned Assistant Government Pleader for Home for the Respondents. 3. Learned Assistant Government Pleader for Home, on written instructions, would submit that a case in Cr.No.164 of 2025 has been registered against the Petitioner and the Police have served notice under Section 35(3) of BNSS to the Petitioner herein, on 01.11.2025. In compliance with procedural requirements, the Petitioner was called to the Police Station. Learned Assistant Government Pleader for Home would further submit that the Police have never interfered in the civil disputes between the parties. 4. Learned Counsel for the Petitioner would submit that under guise of the crime which has been registered against the Petitioner, the Police are calling 5 the Petitioner to the Police Station and harassing him to settle the civil disputes with the Unofficial Respondents. 5. Considering the submissions, 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 Petitioner and further directed not to interfere in the civil disputes between the parties, except under due process of law. 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: 18.11.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.31786 of 2025 Dated.18.11.2025 UPS 74