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2025 DAILYLAW 48012 (AP)

KOTHAPALLI VEEERA VENKATA SATYA SURYA NAGA PARAMESWARA RAMALINGESWARA SASTRY v. The State of Andhra Pradesh,

WP/26226/2025 · 2025-09-22

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010493332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26226/2025 Between: 1. KOTHAPALLI VEEERA VENKATA SATYA SURYA NAGA PARAMESWARA RAMALINGESWARA SASTRY, S/O. LATE VENKATA SUBBA RAO, AGED 57,OCC PRIVATE EMPLOYEE, R/O.PLOT NO. 38, FLAT NO. 102, SRIDEVI RESIDENCY VENKATESWARA NAGAR COLONY EXTENSION - 2, OLD SAFILGUDA, SECUNDERABAD TELANGANA STATE 2. KOTHAPALLI VENKATA SITA MAHA LAKSHMI, W/O.LATE.KOTHAPALLI VENKATA SRINIVAS AGED 59 YEARS,OCC HOUSE WIFE, C/O SRIHARI, CHATURVEDULA, SAHITYA APARTMENTS, II FLOOR, APARTMENT NO. 14, GEETHA NAGAR, MEHERBABAMALKAZGIRI CENTER, MALKAZGIRI ROAD MALKAZGIRI, SECUNDERABAD TELANGANA STATE ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, ANDHRA PRADESH 2. THE DIRECTOR GENERAL OF POLICE, DGP OFFICE, MANAGALAGIRI TOWN GUNTUR DISTRICT, ANDHRA PRADESH 3. THE SUPERINTENDENT OF POLICE, BHIMAVARAM TOWN AND MANDAL WEST GODAVARI DISTRICT, AP 2 4. THE CIRCLE INSPECTOR OF POLICE, BHIMAVARAM RURAL CIRCLE BHIMAVARAM RURAL POLICE STATION BHIMAVARAM TOWN AND MANDAL WEST GODAVARI DISTRICT ANDHRA PRADESH 5. THE SUB INSPECTOR OF POLICE, VEERAVASARAM POLICE STATION VEERAVASARAMVILLAGE AND MANDAL WEST GODAVARI DISTRICT ANDHRA PRADESH 6. THE HEAD CONSTABLE AND INSPECTOR WRITER BHIMAVARAM RURAL CIRCLE, BHIMAVARAM RURAL POLICE STATION BHIMAVARAM TOWN AND MANDAL WEST GODAVARI DISTRICT ANDHRA PRADESH. ...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, order or direction more particularly one in the nature of a writ of Mandamus declaring the unwarranted and unlawful actions of 4th to 6th Respondents in attempting to settle a civil dispute by coercing us at the 4th Respondent Police station during the pendency of the Civil Suit stands registered O.S.No.31/2024 and is under adjudication before the III Additional District Judge Court, Bhimavaram, West Godavari District, A.P and such interference with our life and liberty, without any legal authority, is illegal, arbitrary, and violative of Articles 19 and 21 of the Constitution of India. Consequently, direct the 4th to 6th Respondents not to interfere herewith our Personal life and liberty and to pass such 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 4th to 6th Respondents not to summon and interfere with our Personal life and liberty pending disposal of the above writ petition and pass such Counsel for the Petitioner(S): 1. VUNDAVALLI JAGADISH VC Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the unwarranted and unlawful actions of 4th to 6th Respondents in attempting to settle a civil dispute by coercing us at the 4th Respondent Police station during the pendency of the Civil Suit stands registered as O.S.No.31/2024 and is under adjudication before the III Additional District Judge Court, Bhimavaram, West Godavari District, A.P. and such interference with our life and liberty, without any legal authority, is illegal, arbitrary and violative of Articles 19 and 21 of the Constitution of India Consequently direct the 4th to 6th Respondents not to interfere herewith our Personal life and liberty and pass…” 2. Heard Vundavalli Jagadish V.C., learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned Assistant Government Pleader for Home, on instructions, would submit that basing on the complaint of the sister of the petitioner, petitioner was called to the Police Station for enquiry. However, petitioner failed to appear before the respondent No.5. A Cr.No.79 of 2025 was registered against the petitioner for the offences under Sections 120(B), 467, 471, 420 r/w 34 and he would further submit that Court may pass appropriate orders. 4. Considering the submissions made, this Writ Petition is disposed of. However, the police are directed to follow due process of law. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 23.09.2025 SNI 5 597 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA W.P.No.26226 of 2025 Dated.23.092025 SNI