1 APHC010506442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25928 OF 2025 Between: 1. Thangellapalli Rajesh, S/o. Chanti, age 38 years, Hindu, properties R/q. D. No. 43-106/1-58A/16, 2F Nandamuri Nagar, Vijayawada, NTR District 2. Thangellapalli Keerthia Prasana, W/o. Rajesh, age 31 years, Hindu, properties R/o. D. No. 43-106/1-58A/16, 2F Nandamuri Nagar, Vijayawada, NTR District ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Deaprtment AP Secretariat, Velagapudi, Amaravati 2. The Director General of Police, Andhra Pradesh, AP Police Head Quarters Mangalagiri Guntur District 3. The Commissioner of Police, NTR Police Commissionerate, Vijayawada 4. The Deputy Commissioner of Police, Law and Order, Vijayawada City Police 5. The Addl Deputy Commissioner of Police, Law and Order, Vijayawada 6. The Assistant Commissioner of Police, West Zone, Vijayawada - 520001 2 7. The Station House Officer, Bhavanipuram Police Station, Vijayawada 8. Siram Neeraja, W/o. Venkata Ratnakar, age 42 years, R/o. D. No. 10- 131/1, Flat No. 401,4th Floor Srungarapu Residency, Sarakottu Bazar, Goliapudi, Vijayawada - Rural, NTR District 9. O Darisi Krishna Kumari, W/o. Sri Rama Murthy, age 65 years, R/o. F-Flat No. 303, D-Block, Sri Sai Apartments Behind Goliapudi High School, Goliapudi, Vijayawada Rural - 521225 10. Kaparthi Ajay Dange, S/o. Lakshmana Rao, age 45 years, R/o. MIG 182, Old HB Colony, Bhavanipuram Vijayawada- 520012 11. Chenchu Narasimha Rao, W/o. Malayadri, Age 45, business, TDP leader R/o. Opposite RTC Depot, Vidyadharpuram Vijayawada -520012 ...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 pleased to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the official respondents as Illegal, irregular, irrational, arbitrary, without any authority of law by violating Articles 14,19, 21 and 300-A of the constitution of India helping the unofficial respondents by violating the injunction orders passed by the trail in favour of the petitioners oy misusing the police power to dispossess the petitioners by Violating the ad-interim injunction order of the trail court as illegal by restraining the official respondents not to interfere with petitioners property in any manner what so ever without following the due process of law and consequentially direct the official respondents to protect the petitioners by taking necessary action against the unofficial respondents by violating the injunction orders and to pass IA NO: 1 OF 2025 3 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 restraining the official respondents who are helping the unofficial respondents by violating the trail court injunction orders stands in favour of the petitioner to dispossess them in their property and also to direct the official respondents to protect the petitioner and their property from the unofficial respondents who violate the injunctions passed by the trail court in accordance with law and pass other order or orders deem fit and proper in the circumstances of the casepending disposal of the above writ petition and to pass Counsel for the Petitioners: GANGISETTI UMA SANKAR Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:HARSHA VARDHANA RAO C The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25298 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 Order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the official respondents as Illegal, irregular, irrational, arbitrary, without any authority of law by violating Articles 14,19, 21 and 300-A of the constitution of India helping the unofficial respondents by violating the injunction orders passed by the trail in favour of the petitioners oy misusing the police power to dispossess the petitioners by Violating the ad-interim injunction order of the trail court as illegal by restraining the official respondents not to interfere with petitioners property in any manner what so ever without following the due process of law and consequentially direct the official respondents to protect the petitioners by taking necessary action against the unofficial respondents by violating the injunction orders and to pass…” 2. Heard learned counsel for the petitioners and Sri V. Farooq, learned Assistant Government Pleader for Home appearing on behalf of the official respondents. 3. Learned counsel for the petitioners submitted that the petitioners have instituted O.S. No.1409 of 2025 on the file of the Principal Civil Judge, Vijayawada, and obtained an ex parte ad-interim injunction in I.A. No.1356 of 2025. It is his grievance that, in spite of the said injunction order, the official respondents are aiding the unofficial respondents in interfering with the petitioners’ possession. He further submits that the injunction order is being violated by misuse of police power, and that no effective protection is being extended to the petitioners. 4. On the other hand, learned Assistant Government Pleader for Home, on instructions, submits that a crime has been registered against the petitioners in Crime No.450 of 2025 of Bhavanipuram Police Station for the offences 5 punishable under Sections 329(4), 351(2), 303(2) read with 3(5) of the Bharatiya Nyaya Sanhita. He would further submit that the injunction order relied upon by the petitioners was granted ex-parte, in the absence of the other side, and the matter is still pending before the trial Court. It is contended that under the guise of the said order, the petitioners are attempting to dispossess the rightful owners from the land. 5. Having regard to the submissions made by both sides, and in view of the fact that the civil dispute between the parties is already pending in O.S. No.1409 of 2025 before the competent Civil Court, this Court is of the considered opinion that the petitioners are at liberty to work out their remedies before the said forum. 6. Accordingly, the Writ Petition is disposed of, granting liberty to the petitioners to pursue their remedies before the appropriate forum. It is further directed that the police shall follow due process of law and shall not interfere with the petitioners’ property rights except in accordance with law and pursuant to orders of a competent Court. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:23.09.2025 KKV 6 62 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25928 of 2025 Dt.23.09.2025 KKV