APHC010155182023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7915/2023 Between: 1. EERUGULA APPALARAJU,, S/O. ABBAI, AGED ABOUT 52 YEARS, D.NO.2-115, PENUMARTHI VILLAGE, THIMMAPURAM, EAST GODAVARI DISTRICT, AP-533005. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, ARNRAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT KAKINADA. 3. DEPUTY SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT KAKINADA. 4. THE STATION HOUSE OFFICER, KAKINADA RURAL POLICE STATION, EAST GODAVARI DISTRICT. 5. POLINATI PADMAVATHI, W/O. RAMANAKUMAR, AGED ABOUT 40 YEARS, D.NO.1-111, THIMMAPURAM, KAKINADA RURAL MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. SEEPANI S KUMAR 2 Counsel for the Respondent(S): 1. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7915 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue of writ declaring the action of Respondents more particularly Respondent Nos. 3 to 5 in interfering with the peaceful possession and enjoyment of the property, i.e. Bharat Benz tipper lorry bearing Regd. No. AP 39 TU 4748 by the petitioner herein pending suit No.97 of 2023 in the Principal Junior Civil judge, Kakinada as illegal, arbitrary, highhandedness and violation of Articles 300-A of Constitution of India, violation of Principles of Natural Justice and Consequently direct the respondents not to interfere in any manner from peaceful possession and enjoyment of respective schedule property i.e. Bharat Benz tipper lorry bearing Regd. No. AP 39 TU 4748 by the petitioner herein pending Suit No.97 of 2023 in the Principal Junior Civil judge, Kakinada …= 2. None represented for the petitioner. 3. It is a case where the petitioner is seeking a direction to the police not to interfere in the possession and enjoyment of the property of the petitioner which is the subject matter of the civil suit in O.S.No.97 of 2023 on the file of Principal Junior Civil Judge, Kakinada. 4. Sri P.Ajay Babu, learned Assistant Government Pleader for Home for the respondents, by way of counter, would submit that the petitioner herein is the sole accused in Cr.No.40 of 2023 under Section 420 & 323 r/w 34 of IPC of Thimmapuram Police Station, Kakinada District. After due investigation, the case is referred as civil in nature. He would further submit that they are not interfering in the civil disputes between the parties. 4 5. Recording the same, this Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the parties, except under due process of law. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No. 7915 of 2023 Dated.10.12.2025 UPS 198