IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) Il\ WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE ^ O Y' ft /M '■ PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 2373 OF 2025 Between: Gajula Srinivasa Rao, S/o. Kotaiah, C/o. M. Chandrasekhar R/0. D No. 10-13-58, KK Prasad, Repllae Town, Repalle Mandal, Bapatia Dist Gajula Koushik, S/o. G Srinivasa Rao, Aged about 21 years, R/0. D No. 10-13-58, KK Prasad, Repllae Town, Repalle Mandal, Bapatia Dist Permanent residents of Sri Rama Puram Village H/o. Alaparru Gram Panchayath, Nagaram Mandal, Bapatia District 1. 2. ...Writ Petitioners AND The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat Bldgs, Amaravati, Velagapudi. 1. 2. The Superintendent of Police, Repalle, Bapatia District The Sub Inspector of Police, Nagaram Police Station, Bapatia District 3. Gajula Kotaiah, S/o. Pattabi Ramaiah, Ad out 64 years, D No.4 -55 Sri Ramapuram Village, H/o. Alaarru Grama Panchayatch, Nagaram MandalBapatIa District 4. 5. Gajula Venkateswara Rao @ Dattu, Aged about 60 years, D No. 4-55 Sri Ramapuram Village, H/o. Alaarru Grama Panchayatch, Nagaram MandalBapatIa 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, order or direction more particularly one in the nature of writ of Mandamus, declaring the high handed action on the part of the 3rd respondent who is the subordinate to the respondents1 and 2 in calling the petitioners to Nagaram Police Station, to which the 3rd respondent is the Station House Officer with a demand that the petitioners should withdraw the suit filed by the 1st petitioner in OS No. 12/2024 on the file of Hon’ble Junior Civil Judge, Repalle against the respondents 4 and 5 and also in restraining the petitioners from harvesting the crop in the land situated in RS No. 895 in an extent of AC. 2.60 Cents of Alaparru Village of Nagaram Mandal, Bapatia District with a demand of complying his direction of withdrawal of the said suit in OS No. 12/2024 as illegal, arbitrary and capricious and consequently direct the 3rd respondent not to interfere with petitioners’ peaceful possession and enjoyment of the said property in the interest of justice and to pass necessary order or orders as this Hon’ble Court may deem fit. lA 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 may be pleased to direct the 3rd respondent not to interfere with peaceful possession and enjoyment of the property in an extent of AC. 2.60 Cents in RS No. 895 of Alaparru Village of Nagaram Mandal, Bapatia District pending disposal of the above W.P. in the interest of justice and to pass necessary order or orders as this Hon'ble Court may deem fit. Counsel for the Petitioner: SRI. YALLABANDI RAMATIRTHA Counsel for the Respondents No. 1 to 3: GP FOR HOME Counsel for the Respondents No. 4 & 5: None appeared The Court made the following: ORDER V APHC010039502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3368] PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 2373/2025 Between; ...PETITIONER(S) Gajula Srinivasa Rao and Others AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.YALLABANDI RAMATIRTHA Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief; "to issue a writ order or direction more particuiariy one in the nature of the writ of MANDAMUS deciaring the high handed action on the part of the 3rd respondent who is the subordinate to the respondents 1 and 2 in calling the petitioners to Nagaram Police Station to which the 3rd respondent is the Station House Officer with a demand that 2 ;« the petitioners shouid withdraw the suit filed by the 1st petitioner in OS No 12/2024 on the file of Honble Junior Civil Judge Repaiie against the respondents 4 and 5 and also in restraining the petitioners from harvesting the crop in the land situated in RS No 895 in an extent ofAC 2 60 Cents of Aiaparru Village of Nagaram Mandai Bapatia District with a demand of complying his direction of withdrawal of the said suit in OS No 12/2024 as illegal arbitrary and capricious and consequently direct the 3rd respondent not to Interfere with petitioner peaceful possession and enjoyment of the said property in the interest of justice and to pass necessary order or orders as this Honbie Court may deem fit and pass such...” 2. Heard learned counsel for the petitioners and learned Additional Government Pleader appearing for the State. 3. Learned Additional Government Pleader appearing for the State on written instructions would submit that as per the preliminary enquiry of the Police, it is a civil dispute between the petitioners and the unofficial respondent Nos.4 & 5. He would further submit that Crime No. 123 of 2024 of Nagaram Police Station, Bapatia District was also registered for the offences punishable under Sections 329(3), 115(2), 351(2) read with 3(5) BNS, 2023. Therefore, the respondent/Police will not interfere with the civil dispute between the parties. $ 3 4. Submissions made by learned Assistant Government Pleader are placed on record. In that view of the matter, this Court is of the considered 5. opinion that the Writ Petition can be disposed of at the stage of admission itself, without going into merits of the case, by directing the respondents/Police to follow due procedure established under law, if they intend to call the petitioners to the Police Station, in connection with any crime or enquiry. 6. Accordingly, Writ Petition is disposed of. No order as to costs. Interlocutory applications, if any, pending shall stand closed. Sd/- V.SAVITHRI GOWRI ASSISTANT REGISTI R //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Home Department, Secretariat Bldgs, Amaravati, Velagapudi. 2. The Superintendent of Police, Repalle, Bapatla District Sub Inspector of Police, Nagaram Police Station, Bapatla District SRI. YALLABANDI RAMATIRTHA Advocate [OPUC] GP FOR HOME ,High Court Of Andhra Pradesh. [OUT] 1. 3. The 4. One CC to 5. TwoCCsto 6. Three CD Copies vna HIGH COURT DATED:05/02/2025 ORDER WP.No.2373 of 2025 X 0 6 FEB 2025 JVO ^ Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS