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2025 DAILYLAW 47782 (AP)

KOTHAPALLI NAGESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/25599/2025 · 2025-09-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010489182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25599/2025 Between: 1. KOTHAPALLI NAGESWARA RAO, S/O PEDDA VENKAIAH, AGED ABOUT 64 YEARS, R/O D.NO. 1-199, MADHIRA ROAD, PATHA TIRUVURU, TIRUVURU, KRISHNA DISTRICT, NOW NTR DISTRICT. 2. KOTHAPALLI SUNEETHA,, W/O KALLEPALLI PURNACHANDRA RAO, R/O D.NO. 3-89, ZAMI GOLVEPALLI, PAMARRU MANDAL, KRISHNA DISTRICT, NOW NTR DISTRICT. 3. RANI @ VEPADA RATNA KUMARI,, W/O NAVEEN KUMAR, AGED 32 YEARS TIRUVURU TOWN, CHINTALA COLONY, TIRUVURU, NTR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME AFFAIRS. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF POLICE, VIJAYAWADA, KRISHNA DISTRICT3. 4. THE ASSISTANT COMMISSIONER OF POLICE, MYLAVARAM,KRISHNA DISTRICT, NOW NTR DISTRICT 5. THE STATION HOUSE OFFICER, THIRUVURU P.S., THIRUVURU, 2 KRISHNA DISTRICT, NOW NTR DISTRICT 6. THE SUB INSPECTOR OF POLICE, THIRUVURU P.S., THIRUVURU, KRISHNA DISTRICT, NOW NTR DISTRICT 7. KANCHAPOGU SUJATHA, W/O VENKATESWARLU, AGED 54 YEARS, R/O INCLINE COLONY, GODAVARIKHANI TOWN, PEDDAPALLI DISTRICT, TELANGANA STATE. ...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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the Respondent Nos.5 and 6 cannot interfere in any civil disputes/ family disputes between the petitioners and the 7th Respondent cannot take on themselves the function of a civil court at the instance of Respondent No.7 by threatening the petitioners to handover the property being illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India apart from being violative of Principles of Natural Justice and 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 pleased to direct the Respondent Nos.5 and 6 and their staff not to interfere with the life and liberty of the petitioners by way of calling the petitioners to the Respondents No.5 and 6 police station to settle the issue with the 7th Respondent pending disposal of the main writ petition and pass Counsel for the Petitioner(S): 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 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 that the Respondent Nos.5 and 6 cannot interfere in any civil disputes/ family disputes between the petitioners and the 7th Respondent cannot take on themselves the function of a civil court at the instance of Respondent No.7 by threatening the petitioners to handover the property being illegal arbitrary and violative of Articles 14 and 21 of the Constitution of India apart from being violative of Principles of Natural Justice …” 2. Heard Sri A.Venkata Durga Rao, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that the respondent authorities are unnecessarily interfering in the civil dispute between the petitioner and the unofficial respondent in this matter. 4. Learned Assistant Government Pleader for Home would submit that charge sheet has been filed in this matter and that the Police are not calling the petitioners to the Police Station. 5. Recording the same, the Writ Petition is disposed of. However, the Police are directed to follow due process of law regarding the case, which is registered against the petitioners. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 22.09.2025 JLV 4 548 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25599of 2025 Dated: 22.09.2025 JLV