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2025 DAILYLAW 50434 (AP)

MITTAPALLY SIVA KUMAR v. THE STATE OF ANDHRA PRADESH

WP/16087/2023 · 2025-12-07

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010313552023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16087 OF 2023 Between: 1. MITTAPALLY SIVA KUMAR, S/o.Late Rama Rao, Aged about 59 years, R/o.D.No.12-19-120, Old Bank Road, Kothapet, Guntur, Guntur District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, A.P. 2. The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District, A.P. 3. The Superintendent of Police, Guntur District, Guntur. 4. The Assistant Superintendent of Police, Crime Branch, Guntur, Guntur District. 5. The Assistant Superintendent of Police, Guntur East, Guntur District. 6. Chinta Mallikarjuna Reddy, Managing Partner, Siva Krishna Cotton Industries, C/o.D.No.63/3, Sree Sitarama Ginning Mills Pvt.Ltd., Simhapuri Estate, Mahalakshmi Puram, Etukuru Road, Guntur - 522 233. 7. Prathi Mallikarjuna Rao, Proprietor, Sri Kamakshi Cotton Mills, D.No.43/4, 43/5, Old BGTI, Bypass Road, Guntur. 8. Kota Srivalli Siva Sandhya, Proprietor, M/s.Bhavani Cotton Corporation, D.No.12-7-72/3, Gnaneswara Rao Street, Kothapet, Guntur, Guntur 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 tomay pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents interfering in civil disputes of petitioner's company by summoning and pressurizing the petitioner to settle the matter, as illegal, without jurisdiction, amounting to malice-in-law and is violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to refrain from doing so, and pass such IA NO: 1 OF 2023 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 respondents, not to interfere in any manner, whatsoever, in the civil disputes relating to the petitioner's company, pending disposal of writ petition and pass such Counsel for the Petitioner: V SURYA KIRAN KUMAR Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:SATYANARAYANA NIMMALA Counsel for the Respondents:ARUN SHOWRI G The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16087 OF 2023 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 Writ of Mandamus, declaring the action of the respondents interfering in civil disputes of petitioner's company by summoning and pressurizing the petitioner to settle the matter, as illegal, without jurisdiction, amounting to malice-in-law and is violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to refrain from doing so, and pass ...…” 2. None represented for the petitioner. 2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home on written instructions would submit that basing on the complaint of one Vandanapu Hari Krishna, a case in Cr.No223 of 2023, for the offences punishable under Sections 406, 420, 506 r/w 34 IPC was registered against the petitioner on the file of Lalpet Police Station, Guntur District. 3. Recording the submission of the learned Assistant Government Pleader for Home, this Writ Petition is disposed of. However, the police are directed not to interfere in the civil dispute except under due process of law. The police are further directed to follow due process of law in respect of the crime which is registered against the petitioner. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 08-12-2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 90 W.P.No.16087 of 2023 Dated.08.12.2025 KKV HIGH COURT OF ANDHRA PRADES H:: AMARAVATI MAIN CASE NO.: W.P.No.16087 of 2023 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 2. 08.12.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV