APHC010532602025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28569 OF 2025 Between: 1. PARABATHINI JASANTHA KUMARI, W/o Varaprasad, aged 64 yeprs, Occ.Home Maker, R/o Crystal Apartments,China Kakani Village, Mangalgiri Mandal, Guntur District. 1. The State of Andhra Pradesh, Rep by Department secretariat buildings Mandadam Village, Amaravathi. 2. Statlon House Officer, Tadepalli Police Station, Tadepalli Village and Mandal, Guntur District. 3. DrKanaprthi Shalini, W/o Late Dr Rajesh, Aged about 3 Govt.Doctor, R/o Flat No. 103, Renuka Aprtments, Taepalli Village and Mandal, Guntur District. 4. Kanaparthi MohanRao, S/o Krupandham, Aged about 65 years, Occ. Business, R/o Flat No. 103, Renuka Aprtments, Taepalli Village and Mandal, Guntur District. 5. Kanaparthi Hayer Kishore, S/o MohanRao, Aged about 39 years, Occ. Business, R/o Flat No. 103, Renuka Aprtments, Taepalli Village and Mandal, Guntur District. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 28569 OF 2025 1. PARABATHINI JASANTHA KUMARI, W/o Varaprasad, aged 64 yeprs, Occ.Home Maker, R/o Crystal Apartments,China Kakani Village, Mangalgiri ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal secretary to Home Department secretariat buildings Mandadam Village, Amaravathi. 2. Statlon House Officer, Tadepalli Police Station, Tadepalli Village and 3. DrKanaprthi Shalini, W/o Late Dr Rajesh, Aged about 36 years, Occ. Govt.Doctor, R/o Flat No. 103, Renuka Aprtments, Taepalli Village and 4. Kanaparthi MohanRao, S/o Krupandham, Aged about 65 years, Occ. Business, R/o Flat No. 103, Renuka Aprtments, Taepalli Village and Mandal, 5. Kanaparthi Hayer Kishore, S/o MohanRao, Aged about 39 years, Occ. Business, R/o Flat No. 103, Renuka Aprtments, Taepalli Village and Mandal, IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE SEVENTEENTH DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. PARABATHINI JASANTHA KUMARI, W/o Varaprasad, aged 64 yeprs, Occ.Home Maker, R/o Crystal Apartments,China Kakani Village, Mangalgiri ...Petitioner its Principal secretary to Home 2. Statlon House Officer, Tadepalli Police Station, Tadepalli Village and 6 years, Occ. Govt.Doctor, R/o Flat No. 103, Renuka Aprtments, Taepalli Village and 4. Kanaparthi MohanRao, S/o Krupandham, Aged about 65 years, Occ. Business, R/o Flat No. 103, Renuka Aprtments, Taepalli Village and Mandal, 5. Kanaparthi Hayer Kishore, S/o MohanRao, Aged about 39 years, Occ. Business, R/o Flat No. 103, Renuka Aprtments, Taepalli Village and Mandal, ...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 pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the the high handed action of respondent No 2 in collusion with Respondent No 3 to 5 in not taking action pursuant to the undertaking letter dated 25.05.2024 executed up on Rs 20/- stamp by the respondent No 3 for allowing the petitioner to see the well being of her grand Daughter Parabathini Nivedha as and when visited their house, In contra the 2nd Respondent simply filed the charge sheet vide CC No 963 of 2025 against Respondents No 4 to 5 with out bind over them is illegal, arbitrary, violation principals of nature justice besides contrary to Article 14,19,21 of Constitution law of India 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 direct the 2nd respondent to Implement the undertaking letter executed by the 3 rd respondent dated 25.05.2024 In letter and true spirit for allowing the petitioner to see the well being of her grand Daughter Parabathini Nivedha, as and when visited their house, pending disposal of the above main writ petition and pass Counsel for the Petitioner: TATA SINGAIAH GOUD Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28569 OF 2025 ORDER: The Writ petition is filed under Article 226 of Constitution of India for the following relief:- “….pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the the high handed action of respondent No 2 in collusion with Respondent No 3 to 5 in not taking action pursuant to the undertaking letter dated 25.05.2024 executed up on Rs 20/- stamp by the respondent No 3 for allowing the petitioner to see the well being of her grand Daughter Parabathini Nivedha as and when visited their house, In contra the 2nd Respondent simply filed the charge sheet vide CC No 963 of 2025 against Respondents No 4 to 5 without bind over them is illegal, arbitrary, violation principals of nature justice besides contrary to Article 14,19,21 of Constitution law of India and pass…” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner submits that the son of the petitioner is no more. After the demise of her son, the petitioner and her daughter-in-law entered into an agreement on 25.05.2024, under which the petitioner was permitted to visit and see the grandchildren, who are presently residing with their mother. It is submitted that a direction may be issued to the police to bind over the unofficial respondents and to ensure that the petitioner is permitted to see the children in terms of the said agreement. 4. On the other hand, the learned Assistant Government Pleader for Home submits that, based on the complaint lodged by the petitioner against the brother of the daughter-in-law, a criminal case has been registered and the same is pending as C.C. No.963 of 2025 on the file of the Additional First Class Magistrate, Mangalagiri, Guntur. He submits that the relief sought by the petitioner is essentially civil in nature and the police cannot interfere in such matters, and therefore the Court may pass appropriate orders. 5. Having considered the submissions, this Court finds that the relief sought pertains to visitation rights of the petitioner to see her grandchildren, who are in the custody of the unofficial respondents. The relief itself is directed against private individuals, and the police have no role to enforce the terms of the alleged agreement between the petitioner and her daughter-in-law. This Court cannot issue a direction to the police to bind over the unofficial respondents or to enforce the terms of the private arrangement. 6. In view of the above, the Writ Petition is disposed of, granting liberty to the petitioner to work out her remedies before the appropriate forum, in accordance with law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Dated 17.11.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 153 WRIT PETITION NO: 28569 OF 2025 Dated 17.11.2025 KKV