APHC010503282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25768/2024 Between: 1. PARIMI VENKATA NARAYANA RAO, S/O PARIMI PERAIAH, AGED ABOUT 60 YEARS, R/O D.NO.6-2-22/1, TATI KONDAIAH STREET, TAILOR PET, VIJAYAWADA, AP - 520001. 2. GOLLA MALA KONDAIAH,, S/O G NAGAIAH, AGED ABOUT 84 YEARS, R/O D.NO.11-4-16, HADDU SAHEB STREET, ISLAMPET, VIJAYAWADA-1 ANDHRA PRADESH - 520001 3. GOLLA VARA LAKSHMI,, W/O GOLLA MALA KONDAIAH, AGED ABOUT 74 YEARS, R/O D.NO.11-4-16, HADDU SAHEB STREET, ISLAMPET, VIJAYAWADA-1 ANDHRA PRADESH - 520001. ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. COMMISSIONER OF POLICE, VIJAYAWADA, NTR DISTRICT. 3. ASSISTANT COMMISSIONER OF POLICE, WEST DIVISION, VIJAYAWADA, NTR DISTRICT. 4. THE STATION HOUSE OFFICER, L-TOWN POLICE STATION, VIJAYAWADA, NTR DISTRICT. 5. THE COMMISSIONER OF ENDOWMENTS, ANDHRA PRADESH, VIJAYAWADA. 6. THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPT., NTR DISTRICT, VIJAYAWADA- 520001. 7. THE JOINT COMMISSIONER AND EXECUTIVE OFFICER, SRI DURGA MALLESWARA SWAMY VARLA DEVASTHANAM, VIJAYAWADA, NTR DISTRICT. ...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 topleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus a. declaring the action of the Respondents, more particularly the Respondent No. 4 in interfering and threatening to dispossess the Petitioners with respect to the subject property situated at D.No.11-4- 16, Haddu Saheb Street, Islampet, Vijayawada-1, without following due process of law, more particularly Section 83 (2) of the Act (as amended vide Ordinance No.5 of 2023, dated 26.06.2023), as being illegal, arbitrary, without jurisdiction and in violation of Articles 14, 21 and 300-A of the Constitution of India, and b. Consequently, direct the Respondents not to interfere with peaceful possession of the subject property situated at D.No.11- 4-16, Haddu Saheb Street, Islampet, Vijayawada-1, without following due process of law, more particularly Section 83 (2) of the Act (as amended vide Ordinance No.5 of 2023, dated 26.06.2023), and, c. 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, more particularly Respondent No.4 and 7, not to interfere with peaceful possession and occupation of the Petitioners in respect of subject property situated at D.No.11-4-16, Haddu Saheb Street, Islampet, Vijayawada-1, pending disposal of the above Writ Petition, and pass Counsel for the Petitioner(S): 1. LAKSHMINARAYANA V Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR ENDOWMENTS THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25768/2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…declaring the action of the Respondents, more particularly the Respondent No. 4 in interfering and threatening to dispossess the Petitioners with respect to the subject property situated at D.No.11-4- 16, Haddu Saheb Street, Islampet, Vijayawada-1, without following due process of law, more particularly Section 83 (2) of the Act (as amended vide Ordinance No.5 of 2023, dated 26.06.2023), as being illegal, arbitrary, without jurisdiction and in violation of Articles 14, 21 and 300-A of the Constitution of India, and b. Consequently, direct the Respondents not to interfere with peaceful possession of the subject property situated at D.No.11-4- 16, Haddu Saheb Street, Islampet, Vijayawada-1, without following due process of law, more particularly Section 83 (2) of the Act (as amended vide Ordinance No.5 of 2023, dated 26.06.2023), and, c. pass...…= 2. Heard Sri. Lakshminarayana V, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home 3. Learned counsel for the petitioners would submit that, it is a case of interference of police in the civil disputes. 4. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home on written instructions would submit on 09.11.2024 the Deputy Executive Officer, Vijayawada Durgamalleswara Swamy Devasthanam addressed a letter to the Station House Officer Vijayawada I town Police Station vide Lr. in R.C.No.F1/1804/2024 dated 09.11.2024 stating that to remove the illegal occupant of Sri G.Venakateswara Rao. He would further submit that respondent police called Golla Venkateswara Rao and he is not petitioner in this present writ petition except that the respondent police did not interfere with the peaceful possession of the subject property of the petitioners nor call the petitioners to the police station. 5. Considering the submissions made, the writ petition is disposed of. However, police are 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 Dated 03.12.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 385 WRIT PETITION NO: 25768/2024 Dated 03.12.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: WRIT PETITION NO: 25768/2024 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 2. 03.12.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV