APHC010614612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31691/2025 Between: 1. PERIL RAVI KUMAR, S/O.GEORGE, AGED ABOUT 49 YEARS, R/O D.NO.80-27-12, THOTARAMULU NAGAR, 3RD LANE, A.V. APPA RAO ROAD, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 2. SUSANNA RAVI KUMAR @ SUSANA,, W/O RAVI KUMAR, AGED ABOUT 43 YEARS, R/O D.NO. 80-27-12, THOTARAMULU NAGAR, 3RD LANE, A.V. APPA RAO ROAD, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT (FORMERLY RAJAMAHENDRAVARAM URBAN) AT S.P. OFFICE, RAJAMAHENDRAVARAM. 3. PRAKASH NAGAR POLICE STATION, REPRESENTED BY ITS STATION HOUSE OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE INSPECTOR OF POLICE, PRAKASH NAGAR POLICE STATION, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 5. BHIMIREDDY NAGA MALLIKA, D/O NAGESWARA RAO, AGED ABOUT 40 YEARS. R/O 4TH LANE, CHAITANYA NAGAR, NEAR WONDER KIDS PLAYSCHOOL, MORAMPUDI, RAJAMAHENDRAVARAM RURAL, EAST GODAVARI DISTRICT. 6. DR KANIREDDY NAGESWARA RAO, S/O NOT KNOWN TO THIS PETITIONER, AGED ABOUT 60 YEARS, OCC RETIRED CTRI SCIENTIST, R/O 4TH LANE, CHAITANYA NAGAR, NEAR WONDER KIDS PLAYSCHOOL, MORAMPUDI, RAJAMAHENDRAVARAM RURAL. EAST GODAVARI DISTRICT ...RESPONDENT(S): 2 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 writ or direction more particularly one in the nature of Writ of issue a Mandamus declaring the actions of the respondents No. 3 and 4 and their staff in assisting the respondents No. 5 and 6 in unlawfully dispossessing the petitioners from their rented house i.e D.No. 80-27- 12Thotaramulu Nagar, 3rd Lane, A.V.Appa Rao Road, Rajamahendravaram, East Godavari District during the pendency of O.S. No. 520/2024 on the file of the Hon'ble Vll Junior Civil Judge, Rajahmundry against the 5th and 6th respondents, facilitating theft of household articles by unofficial respondents and their goons, and abetting threats including false cases under SC/ST POA, at the behest of 5th and 6th respondents as illegal, arbitrary, unconstitutional, and violative of Articles 14, 21, and 300-A of the Constitution of India, and consequently direct a) the respondents No. 2 and 3 to register FIRs under appropriate sections based on the petitioners reports dated 08- 11-2025, 09-11-2025, and 10-11-2025 b) The respondents No. 2 to 4 to provide immediate police protection to the petitioners, facilitate restoration of possession to the schedule property, and ensure recovery of all stolen items in good condition c) the respondents No. 3 to 5 to restore the status quo ante by returning all stolen household articles, valuables, and documents, and to vacate the premises immediately d) the 2nd respondent to initiate departmental action against the erring officials of respondents No. 3 and Respondent No. 4 for their abuse of power 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 to direct the respondents No. 3 and 4 or their staff not to further harass the petitioners or allow any interference by respondents No. 5 and 6 or their goons while directing them to restore possession of rented house i.e., D.No. 80-27-12, Thotaramulu Nagar, 3rd Lane, A.V. Appa Rao Read, Rajamahendravaram, East Godavari District to the petitioners along with all household article Counsel for the Petitioner(S): 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “.... to writ or direction more particularly one in the nature of Writ of issue a Mandamus declaring the actions of the respondents 3 and 4 and their staff in assisting the respondents 5 and 6 in unlawfully dispossessing the petitioners from their rented house i.e D.No.80-27-12Thotaramulu Nagar, 3rd Lane, A.V.Appa Rao Road, Rajamahendravaram, East Godavari District during the pendency of O.S.No.520/2024 on the file of the Hon'ble Vll Junior Civil Judge, Rajahmundry against the 5th and 6th respondents, facilitating theft of household articles by unofficial respondents and their goons, and abetting threats including false cases under SC/ST POA, at the behest of 5th and 6th respondents as illegal, arbitrary, unconstitutional, and violative of Articles 14, 21, and 300-A of the Constitution of India, and consequently direct a) the respondents No. 2 and 3 to register FIRs under appropriate sections based on the petitioners reports dated 08-11-2025, 09-11-2025, and 10-11-2025 b) The respondents 2 to 4 to provide immediate police protection to the petitioners, facilitate restoration of possession to the schedule property, and ensure recovery of all stolen items in good condition c) the respondents 3 to 5 to restore the status quo ante by returning all stolen household articles, valuables, and documents, and to vacate the premises immediately d) the 2nd respondent to initiate departmental action against the erring officials of respondent No.3 and Respondent No.4 for their abuse of power ...” Heard Sri Sasanka Bhuvanagiri, learned counsel for the Petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. Petitioners herein are husband and wife respectively. Petitioners’ family is residing in 5th respondent’s house as a tenant. Further, there is a dispute between the parties with regard to increase in the rent of the subject property. Further, while so, on 08.11.2025 around 5.00 p.m. respondents 5 and 6 associated with 20 members, entered into the petitioners’ house and threatened to kill them. With the active cooperation of respondents 5 and 6, Respondent 4 No.3/Police broke open the lock, packed all the articles and put at an unknown place and refused to give back the articles. Learned Assistant Government Pleader for Home, on instructions would submit that case and counter cases are pending against the petitioner and unofficial respondents. Police never interfered or involved in any manner with the process of vacating the house or shifting the household articles and would submit that this Writ Petition may be disposed of by passing appropriate orders. In that view, it is apposite to direct respondent Police to follow procedure contemplated under Section 35(3) of BNSS, which is pari materia to Section 41-A of the Code of Criminal Procedure, and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar1. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 1 (2014) 8 SCC 273 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 31691 of 2025 14.11.2025 Mjl /*