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High Court of Andhra Pradesh · body

2025 DAILYLAW 52159 (AP)

Pathan Anwar, v. The State of Andhra Pradesh,

WP/32367/2025 · 2025-11-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010624102025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32367 OF 2025 Between: 1. Pathan Anwar,, S/o PathanMasthan, Aged about 25 years, R/0 Golakondayathopu village, Dhampuru Mazara, Vidavalur (Mandal), SPSR Nellore District. 1. The State of Andhra Pradesh, Home Department, Secretary, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 2. The Superintendent of Police, SPSR Nellore District 3. The Circle Inspector of Police, Kodavalur, SPSR Nellore District, 4. Sub inspector of Police, Vidaval 5. Kuppa kameswaramma, W/o Polaiah R/0 Gangapatam village, Indukurpet mandal, Vidavalur (Mandal), SPSR Nellore Distric 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 an appropriate Writ, Order or Direction, more particularly one in the nature of writ of Mandamus, challenging the arbitrary IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 32367 OF 2025 1. Pathan Anwar,, S/o PathanMasthan, Aged about 25 years, R/0 Golakondayathopu village, Dhampuru Mazara, Vidavalur (Mandal), SPSR ...Petitioner AND 1. The State of Andhra Pradesh, Home Department, Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 2. The Superintendent of Police, SPSR Nellore District 3. The Circle Inspector of Police, Kodavalur, SPSR Nellore District, 4. Sub inspector of Police, Vidavalur P.S, SPSR Nellore District, 5. Kuppa kameswaramma, W/o Polaiah R/0 Gangapatam village, Indukurpet mandal, Vidavalur (Mandal), SPSR Nellore Distric ...Respondents Petition under Article 226 of the Constitution of India praying that in the stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of Mandamus, challenging the arbitrary IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Pathan Anwar,, S/o PathanMasthan, Aged about 25 years, R/0 Golakondayathopu village, Dhampuru Mazara, Vidavalur (Mandal), SPSR ...Petitioner Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi Amaravati, Guntur District. 5. Kuppa kameswaramma, W/o Polaiah R/0 Gangapatam village, Indukurpet ...Respondents Petition under Article 226 of the Constitution of India praying that in the stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of Mandamus, challenging the arbitrary and high-handed action of the Respondent No. 4 coming along with 5 respondent and his men are interfering with the subject property to the extent Ac 2.00 cents in Sy.No. 33/A at Dampuru Village, VidavaluruMandal, SPSR Nellore District, in spite of decreed O.S No.243/2023 in favor of the petitioner here in before the Honble Principal Junior Civil Judge, Kovur, without any authority or direction of law is illegal, arbitrary, unjust and violative of Principles of Natural Justice and violative of Article 14, 19 and 300A of the Constitution of India and consequently direct the Respondents No. 4 to not interfere in peaceful possession and enjoyment of the subject property of the Petitioner and pass 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 Respondents not to insist the petitioner to appear before 4*^Respondent and consequently direct the respondent no.4 not to insist the petitioners to forcibly Making illegal attempts and threats to dispossess over the mentioned scheduled Property to the extent Ac 2.00 cents in Sy.No. 33/A at Dampuru Village, Vidavaluru Mandal, SPSR Nellore District pending disposal of the main writ petition and pass Counsel for the Petitioner: K VENKATA SUBBAIAH Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32367 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of Mandamus, challenging the arbitrary and high-handed action of the Respondent No. 4 coming along with 5 respondent and his men are interfering with the subject property to the extent Ac 2.00 cents in Sy.No. 33/A at Dampuru Village, VidavaluruMandal, SPSR Nellore District, in spite of decreed O.S No.243/2023 in favor of the petitioner here in before the Honble Principal Junior Civil Judge, Kovur, without any authority or direction of law is illegal, arbitrary, unjust and violative of Principles of Natural Justice and violative of Article 14, 19 and 300A of the Constitution of India and consequently direct the Respondents No. 4 to not interfere in peaceful possession and enjoyment of the subject property of the Petitioner and pass…” 02. Heard Sri K.Venkata Subbaiah, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home appearing for the respondents. 03. Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, brought to the notice of this Court basing on the complaint of one Kanagluru Chandra Sekhar, a crime was registered in Cr.No.55 of 2025 under Section 132 r/w 3(5) BNS of Vidavalur police station against the petitioner and the case is pending in the Hon’ble Additional Judicial Magistrate of First Class, Kovur. The learned Assistant Government Pleader for Home would further submit that police are not interfered in the civil disputes between the parties regarding which a suit decree is in favor of the petitioner. 04. Recording the above said submissions, this Writ Petition is disposed of. However, the police are directed not to interfere in this civil dispute between the parties except under due process of 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: 28-11-2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.32367 of 2025 Dated.28-11-2025 KKV 322 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.32367 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 28.11.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV