APHC010546502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28585/2024 Between: 1. CHITTURI SITHARATNAM, W/O. LATE SYAMA SUNDAR, AGED ABOUT 68 YEARS, BUSINESS, SRI VENKATESWARA AUTO DIESEL TRACTOR MECHANICAL WORKS, BHIMAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, ANDHRA PRADESH, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DIST., 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, A.P. POLICE HEAD QUARTERS AND DGP CAMP OFFICE, MANGLAGIRI, GUNTUR DIST., 3. THE SUPERINTENDENT OF POLICE, O/O. SUPERINTENDENT OF POLICE WEST GODAVARI DISTRICT. BHIMAVARAM 4. THE SUB DIVISIONAL POLICE OFFICER, BHIMAVARAM SUB DIVISION, WEST GODAVARI DISTRICT. 5. THE STATION HOUSE OFFICER, BHIMAVARAM TWO TOWN POLICE STATION, BHIMAVARAM DONGAPINDI ROAD, BALUSUMOODI, WEST GODAVARI, A.P. - 534202. 6. PALURI PAVAN PREM SWARUP, S/O. LATE SURYA PRAKASH RAO, 48 YEARS. PRIVATE JOB, R/O. KARUMURI VARI STREET, NEAR ANDHRA BANK, BHIMAVARAM, WEST GODAVARI DISTRICT. 7. CHITTURI SATYANARAYANA, S/O. LATE SYAMA SUNDAR, AGED ABOUT 56 YEARS PRIVAT JOB, R/O. MR NAGAR, NEAR CURRENT SUB STATION, BHIMAVARAM WEST GODAVARI DISTRICT. ...RESPONDENT(S): 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 topleased to pass orders to issue writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of 5th Respondent in interfering with civil dispute and with my valuable rights in property, in M/s. Sri Venkateswara Auto Diesel Tractor Mechanical Works run in , D No. 2-15-28/8, covered by assessment No. 1074001209 ward No. 2, situated in Bhimavaram Municipality Limits, West Godavari District, by calling me to the 5th Respondent Police Station and by sending the Personnel of the 5th Respondent Police Station to the subject premises, thereby threatening me and the workers therein with dire consequences of forceful eviction from the said premises by using police force, without any lawful authority or jurisdiction, as illegal, arbitrary, highhanded, unconstitutional, unjustified and violative of Article-14, 19, 21 and 300A of Constitution of India, besides being violative consistent net of judgments passed by the Honourable Supreme Court of India and this Honourable Court and consequently direct the 5th Respondent and the other official Respondents not to harass me and the workers by interfering in the subject civil dispute and not to threaten or intimidate me on this front, in the interest of justice and to pass IA NO: 1 OF 2024 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 pass interim direction, directing the 5th Respondent and his Personnel not to unnecessarily interfere in the subject property covered by D. No. 2-15-28/8 Assessment No. 1074001209 ward No. 2, situated in Bhimavaram Municipality Limits, West Godavari District,, and not to interfere with the civil dispute matter covered by O.S. No. 420/2024 and the injunction orders in I.A. No. 471/2024 and 472/2024, pending disposal on the file of Learned II Addl. Civil Judge (Junior Division) FAC/ I Addl, Civil Judge (Junior Division), Bhimavaram, pending between the unofficial Respondents 6th and 7th and the petitioner, thereby direct the 5th Respondent not to hurl threats of forceful dispossession from the subject premises by using Police force, and to pass Counsel for the Petitioner: 1. ANIL KUMAR DASARI Counsel for the Respondent(S): 1. GP FOR HOME 2. M V SURESH The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28585 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of 5th Respondent in interfering with civil dispute and with my valuable rights in property, in M/s. Sri Venkateswara Auto Diesel Tractor Mechanical Works run in , D No. 2-15-28/8, covered by assessment No. 1074001209 ward No. 2, situated in Bhimavaram Municipality Limits, West Godavari District, by calling me to the 5th Respondent Police Station and by sending the Personnel of the 5th Respondent Police Station to the subject premises, thereby threatening me and the workers therein with dire consequences of forceful eviction from the said premises by using police force, without any lawful authority or jurisdiction, as illegal, arbitrary, highhanded, unconstitutional, unjustified and violative of Article-14, 19, 21 and 300A of Constitution of India, besides being violative consistent net of judgments passed by the Honourable Supreme Court of India and this Honourable Court and consequently direct the 5th Respondent and the other official Respondents not to harass me and the workers by interfering in the subject civil dispute and not to threaten or intimidate me on this front, in the interest of justice and to pass.…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the police are interfering in the civil disputes between the petitioner and the unofficial respondents. Learned counsel would further submit that a direction may be given to the police. 4. Learned Assistant Government Pleader for Home, on written instructions would submit that based on the complaint made by respondent No.6, the petitioner was called to the police station for preliminary enquiry and since the contents of the subject matter is purely civil in nature, no case has been registered. He would further submit that police are not interfering in the civil disputes between the petitioner and the unofficial respondents. 5. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 6. Recording the above said submissions, the Writ Petition is disposed of. However, police are directed not to interfere in the civil disputes between the petitioner and the unofficial respondents, except under due procedure 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: 30.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.28585 of 2024 Dated.30.12.2025 TVN 296