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2025 DAILYLAW 49858 (AP)

MEER AMEER ALI v. THE STATE OF AP

WP/14812/2023 · 2025-12-09

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010288402023 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: 14812/2023 Between: 1. MEER AMEER ALI, S/O MEER BABAR ALL AGED ABOUT 55 YRS. MUSLIM BUSINESS R/O H.NO.10-3-2, KASPA STREET, ICHAPURAM-532312. SRIKAKULAM DIST. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRL. SECRETARY HOME DEPARTMENT, SECRETARIAT, AMARAVATHI. VELAGAPUDI- 522503.GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT, SRIKAKULAM-532001. 3. THE INSPECTOR OF POLICE, , ICHAPURAM TOWN PS ICHAPURAM-532312. SRIKAKULAM DIST. 4. THE SUBINSPECTOR OF POLICE, , ICHAPURAM TOWN PS ICHAPURAM-532312. SRIKAKULAM DIST. 5. MOHAMMED SIDDIQ HASAN RABBANI MOHAMMED AHMED ALI, AGED ABOUT 65 YRS. MUSLIM MUTHAVALI, PIRLA PANJA, ICHAPURAM-532312. SRIKAKULAM DIST. ...RESPONDENT(S): Counsel for the Petitioner: 1. SRINIVASA RAO PAPPU 2 Counsel for the Respondent(S): 1. GP FOR HOME 2. A RAVI SHANKAR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14812 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: <…to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the impugned action of the respondents Nos.3 and 4 at the active instance of the 5th respondent in threatening the petitioner to foist false criminal cases in case if he do not remove the shop container located in an extent of about Ac.0.03 cents in R.S.No.204/3 =1199 (Old) = of Peerla Panja in Bellupada (v) of Ichapuram, Srikakulam District and frequently calling the petitioner to the police station and thereby interfering with the civil and fundamental rights of the petitioner as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondent Nos. 2 to 4 not to interfere with the civil rights of the petitioner and grant…= 2. Heard Sri Srinivasa Rao Pappu, learned counsel for the petitioner through Video conference, Sri A.Ravi Shankar, learned counsel for the respondent No.5 and Sri P.Ajay Babu, learned Assistant Government Pleader for Home for the official respondents. 3. Learned counsel for the petitioner would submit that the respondent Nos. 3 and 4, at the instance of the 5th respondent threatening to foist false criminal cases against the petitioner in case, if he do not remove the shop container located in an extent of Ac.0.03 cents in R.S.No.204/3 =1199 (Old) = of Peerla Panja in Bellupada Village of Ichapuram, Srikakulam District and calling the petitioner to the police station and interfering in the civil disputes. 4 4. Learned counsel for the respondent No.5 would submit that the subject land is the property of Wakf Board. On the instructions of the District Collector, the police arranged Bandobast while removing the encroachments by the Municipality. 5. Learned Assistant Government Pleader for Home, on instructions would submit that on the instructions received from the District Collector and District Magistrate, Srikakulam, dated 09.06.2023, the police have arranged Bandobast on 20.06.2023 and 22.06.2023, for removal of the encroachments in Peerla Panja land in New Sy.No.204/3 (Old Sy.No.1199), Bellupada, Inchapuram Municipality. Learned Assistant Government Pleader for Home would further submit that the police never interfered in the civil disputes between the parties. 6. Learned counsel for the petitioner opposed such submissions and would submit that the police have no authority to interfere in the civil disputes. 7. Considering the submissions, since it is a case where the police acted as per the instructions received from the District Collector, it cannot be considered that they have interfered in the civil disputes between the parties. In that view, this Writ Petition is disposed of. However, the parties are at liberty to raise their respective claims before the appropriate authority according to law. Furthermore, the directions/instructions issued by the District Collector are not challenged in the present petition. No order as to costs. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.12.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No. 14812 of 2023 Dated.10.12.2025 UPS 252 7