APHC010490502025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25089 OF 2025 Between: 1. AMMISETTI GOPI, S/o.Sambasiva Rao Aged 32 years, Occ Private Service, R/o. Villa No.81, Dollar Meadows, Bowrampet, Hyderabad, Telangana State-500043. 1. THE STATE OF AP, Represented by its Secret Secretariat, Velagapudi, Amaravathi. 2. The Station House Officer, P.S.Tadepalle, Guntur District. 3. Ammisetty Lavanya, W/o.Gopi, D/o.Vanimireddy Narayanarao, Occ House wife,R/o.Watertank Road, Gundemeda Villiage,Tadepalle Manda District. 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 of Mandamus or any other appropr Writ, order or direction declaring the action of the 2ND respondent in interfering in a civil dispute between Petitioner and the 3RD Respondent herein with their official capacity without having any complaint or legal 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 25089 OF 2025 1. AMMISETTI GOPI, S/o.Sambasiva Rao Aged 32 years, Occ Private Service, R/o. Villa No.81, Dollar Meadows, Bowrampet, Hyderabad, ...Petitioner AND 1. THE STATE OF AP, Represented by its Secretary, Home Department, Secretariat, Velagapudi, Amaravathi. 2. The Station House Officer, P.S.Tadepalle, Guntur District. 3. Ammisetty Lavanya, W/o.Gopi, D/o.Vanimireddy Narayanarao, Occ House wife,R/o.Watertank Road, Gundemeda Villiage,Tadepalle Manda ...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 of Mandamus or any other appropr Writ, order or direction declaring the action of the 2ND respondent in interfering in a civil dispute between Petitioner and the 3RD Respondent herein with their official capacity without having any complaint or legal IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. AMMISETTI GOPI, S/o.Sambasiva Rao Aged 32 years, Occ Private Service, R/o. Villa No.81, Dollar Meadows, Bowrampet, Hyderabad, ...Petitioner ary, Home Department, 3. Ammisetty Lavanya, W/o.Gopi, D/o.Vanimireddy Narayanarao, Occ House wife,R/o.Watertank Road, Gundemeda Villiage,Tadepalle Mandal Guntur ...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 of Mandamus or any other appropriate Writ, order or direction declaring the action of the 2ND respondent in interfering in a civil dispute between Petitioner and the 3RD Respondent herein with their official capacity without having any complaint or legal 2 grounds, threatening us by frequently instructing to come and sit in police station for handing over the custody of his minor children, i.e., Ritwik Shalem Ammisetty(Boy) and Rishika Gracy Ammisetty(Female Child) who are aged of 7 years and 6 years respectively and both are studying in Ambitus World School situated at Batchupally, Hyderabad, to the 3RD respondent herein, without having any direction from a competent Civil Court, as otherwise, he will be booked as accused in false cases like Kidnap of his minor Children, etc., as illegal, arbitrary and violative of principles of natural justice etc., and consequently to direct the 2ND Respondent herein not to interfere in a civil dispute without having any locus standi including threatening the petitioner directing him for his frequent visits to the 2ND respondent police station, etc., and grant such other relief or reliefs as this Honble Court may deem fit and proper in the interests of justice and in the circumstances of the case. IA 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 pleased to direct the 2nd Respondent not to harass the petitioner to visit the 2ND respondent Police Station time to time, pending disposal of the writ petition, in the interests of justice and in the circumstances of the case Counsel for the Petitioner: GVVSR SUBRAHMANYAM Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25089 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 of Mandamus or any other appropriate Writ, order or direction declaring the action of the 2ND respondent in interfering in a civil dispute between Petitioner and the 3RD Respondent herein with their official capacity without having any complaint or legal grounds, threatening us by frequently instructing to come and sit in police station for handing over the custody of his minor children, i.e., Ritwik Shalem Ammisetty(Boy) and Rishika Gracy Ammisetty(Female Child) who are aged of 7 years and 6 years respectively and both are studying in Ambitus World School situated at Batchupally, Hyderabad, to the 3RD respondent herein, without having any direction from a competent Civil Court, as otherwise, he will be booked as accused in false cases like Kidnap of his minor Children, etc., as illegal, arbitrary and violative of principles of natural justice etc., and consequently to direct the 2ND Respondent herein not to interfere in a civil dispute without having any locus standi including threatening the petitioner directing him for his frequent visits to the 2ND respondent police station, etc., and grant such other relief or reliefs as this Honble Court may deem fit and proper in the interests of justice and in the circumstances of the case…” 02. Heard Sri G.V.V.S.R.Subrahmanyam, learned counsel for the petitioner and Sri V.Farooq, learned Government Pleader for State appearing for the respondents. 03. Learned counsel for the petitioner submits that the children, aged about 6 and 7 years respectively, are in the custody of the petitioner-father and are pursuing their education at Hyderabad. It is submitted that the police are calling the petitioner to the police station to produce the children, without any Court order, at the instance of respondent No.3, who is the wife of the petitioner. 4 04. Learned Assistant Government Pleader for Home submits that appropriate orders may be passed in this matter. 05. Considering the submissions made, the Writ Petition is disposed of with a direction that the police shall not interfere in the dispute between the petitioner and respondent No.3 regarding the custody of the children in the absence of any order from a competent Court. At the same time, the petitioner and respondent No.3 are at liberty to work out their remedies before the appropriate forum in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.09.2025 KKV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.25089 of 2025 Dated.18.09.2025 KKV 150