APHC010523662025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26927 OF 2025 Between: 1. BURRI NARAYANA RAO, s/o. Venkateswara Rao, Aged about 49 years, Occ Cultivation, R/o. D.No. 1 Mandal, Kakinada District, (Erstwhile East Godavari District) 1. THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary, Home Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. 2. The Superintendent of Police, Kakinada District, (Erstwhile East Godavari District). 3. 3. The Deputy Superintendent of Police, e, Peddapuram, Kakinada District (Erstwhile East Godavari District) 4. 4. The Station House Officer, Jaggampeta Police Station, Jaggampeta, Kakinada District, (Erstwhile East Godavari District). 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 pleased to issue a Writ or order or direction more particularly one 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 26927 OF 2025 1. BURRI NARAYANA RAO, s/o. Venkateswara Rao, Aged about 49 years, Occ Cultivation, R/o. D.No. 1-47/2, Narendrapatnam Village, Jaggampeta Mandal, Kakinada District, (Erstwhile East Godavari District) ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary, Home Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 2. 2. The Superintendent of Police, Kakinada District, (Erstwhile East Godavari 3. The Deputy Superintendent of Police, e, Peddapuram, Kakinada District (Erstwhile East Godavari District) 4. 4. The Station House Officer, Jaggampeta Police Station, Jaggampeta, Kakinada District, (Erstwhile East Godavari District). ...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 to issue a Writ or order or direction more particularly one IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. BURRI NARAYANA RAO, s/o. Venkateswara Rao, Aged about 49 years, 47/2, Narendrapatnam Village, Jaggampeta ...Petitioner 1. THE STATE OF ANDHRA PRADESH, Represented by its Principal Secretary, Home Department, Secretariat Buildings, A.P. Secretariat, 2. The Superintendent of Police, Kakinada District, (Erstwhile East Godavari 3. The Deputy Superintendent of Police, e, Peddapuram, Kakinada District 4. The Station House Officer, Jaggampeta Police Station, Jaggampeta, ..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 to issue a Writ or order or direction more particularly one 2 in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No. 3 and 4 in calling upon the Petitioner to the Respondent No.4 Police Station and threatening him with that to withdraw suit in O.S.No.230 of 2023 pending on the file of Principal Junior Civil Judge, Peddapuram, Kakinada District (Erstwhile East Godavari District) wherein the Petitioner had instituted a suit for partition of the Suit schedule properties and further dictating the terms to the petitioner not to enter into the suit schedule property No.389/1, 389/3 and 479 of Narendrapatnam village, Jaggampeta Mandal, Kakinada District (Erstwhile East Godavari District) as nothing but illegal, highhanded and violative of Article 14, 21 and 300 A of The Constitution of India and consequently direct the Respondent No. 3 and 4 not to call upon the Petitioner to the Respondent No.4 Police Station by misusing their executive powers and pass such other order or orders as this Honhle Court may deem fit and proper in the circumstances of the case 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 pleased to direct the Respondent No. 3 and 4 not to call upon the Petitioner to the Police Station of the Respondent No.4 uninfluenced by the Proceedings in O.S.No.230 of 2023 pending on the file of Principal Junior Civil Judge, Peddapuram, Kakinada District (Erstwhile East Godavari District) on the influence of the Defendants in the suit, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: A K KISHORE REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26927 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No. 3 and 4 in calling upon the Petitioner to the Respondent No.4 Police Station and threatening him with that to withdraw suit in O.S.No.230 of 2023 pending on the file of Principal Junior Civil Judge, Peddapuram, Kakinada District (Erstwhile East Godavari District) wherein the Petitioner had instituted a suit for partition of the Suit schedule properties and further dictating the terms to the petitioner not to enter into the suit schedule property No.389/1, 389/3 and 479 of Narendrapatnam village, Jaggampeta Mandal, Kakinada District (Erstwhile East Godavari District) as nothing but illegal, highhanded and violative of Article 14, 21 and 300 A of The Constitution of India and consequently direct the Respondent No. 3 and 4 not to call upon the Petitioner to the Respondent No.4 Police Station by misusing their executive powers and pass such other order or orders as this Honhle Court may deem fit and proper in the circumstances of the case…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of the official respondents. 3. The learned counsel for the petitioner submitted that, without there being any crime registered against the petitioner, the police are calling the petitioner every day to the police station and forcing him to settle the civil disputes between the petitioner and the third parties. 03. Learned Assistant Government Pleader for Home submits that no crime has been registered against the petitioner as on date. 04. Considering the submissions, this petition is disposed of. However, the police are directed to follow the due process of law in the event of registration of any crime against the petitioner. Further, the police are directed not to call 4 the petitioner to the police station or interfere in the civil disputes in the absence of any crime registered against the petitioner. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 26.09.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.26927 of 2025 Dated.26.09.2025 KKV