Extracted from the PDF above. The PDF is authoritative.
.APHC010328132023
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between:
1. M B ZAHAIDA BAGUM, W/o.M.A.Sattar, Aged about 75 years, R/o.D.No.96-3-150-273, Santosh Nagar, Kurnool, Kurnool District
1. THE STATE OF AP, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Rep. by its Principal Secretary. 2. The Superintendent of Police, Kurnool District. 3. The CircleInspector, Taluka Police Station, Kurnool. 4. The SubInspector of Police, Taluka Police Station, Kurnool. 5. K Nayomi Shakila, , D/o. Jhoshi Jocob, Ag Gowli Street, Kurnool city, Kurnool 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 appropriate writ or direction declaring the action of the 3rd respondent in threatening the petitioner to stop the constructions in house plots bearing Nos.39B and 40A of an extent of 2400 sq.feet in Sy.No.228, 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: 16881 OF 2023
1. M B ZAHAIDA BAGUM, W/o.M.A.Sattar, Aged about 75 years, 273, Santosh Nagar, Kurnool, Kurnool District ...Petitioner AND
1. THE STATE OF AP, Home Department, Secretariat, Velagapudi, istrict. Rep. by its Principal Secretary. 2. The Superintendent of Police, Kurnool District. 3. The CircleInspector, Taluka Police Station, Kurnool. 4. The SubInspector of Police, Taluka Police Station, Kurnool. 5. K Nayomi Shakila, , D/o. Jhoshi Jocob, Aged about 55 years, R/o.42/16, Gowli Street, Kurnool city, Kurnool 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 appropriate writ or direction declaring the action of the 3rd respondent in threatening the petitioner to stop the constructions in house plots bearing Nos.39B and 40A of an extent of 2400 sq.feet in Sy.No.228, IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. M B ZAHAIDA BAGUM, W/o.M.A.Sattar, Aged about 75 years,
...Petitioner
1.
THE STATE OF AP, Home Department, Secretariat, Velagapudi, ed about 55 years, R/o.42/16, ...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 appropriate writ or direction declaring the action of the 3rd respondent in threatening the petitioner to stop the constructions in house plots bearing Nos.39B and 40A of an extent of 2400 sq.feet in Sy.No.228,
situated at Stantanpuram village, Kurnool Mandal, Kurnool District and pressuring the petitioner to handover the site to the 5th respondent is illegal, arbitrary, one without jurisdiction and violation of Article 21 of Constitution of India and consequently direct the respondents 3 8s 4 not to interfere in the civil disputes between the Petitioner and the 5th respondent by pressuring the petitioner not to make constructions in the subject house plots bearing Nos.39B 8s 40A of an extent of 2400 sq.feet in Sy.No.228, situated at Stantanpuram village, Kurnool Mandal, Kurnool District and pass 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 pleased to direct the 3rd respondent not to threaten the petitioner to stop the construction in the petitioner's house plots bearing Nos.39B and 40A of an extent of 2400 sq.feet in Sy.No.228, situated at Stantanpuram village, Kurnool Mandal, Kurnool District and pass Counsel for the Petitioner: C SUBODH Counsel for the Respondents: GP FOR HOME The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16881 OF 2023
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…appropriate writ or direction declaring the action of the 3rd respondent in threatening the petitioner to stop the constructions in house plots bearing Nos.39B and 40A of an extent of 2400 sq.feet in Sy.No.228, situated at Stantanpuram village, Kurnool Mandal, Kurnool District and pressuring the petitioner to handover the site to the 5th respondent is illegal, arbitrary, one without jurisdiction and violation of Article 21 of Constitution of India and consequently direct the respondents 3 and 4 not to interfere in the civil disputes between the Petitioner and the 5th respondent by pressuring the petitioner not to make constructions in the subject house plots bearing Nos.39B, 85, 40A of an extent of 2400 sq.feet in Sy.No.228, situated at Stantanpuram village, Kurnool Mandal, Kurnool District and pass…”
2. None represented for the petitioner.
3. When the matter was taken up for hearing, Sri V. Farooq, learned Assistant Government Pleader for Home, on written instructions would submit that, the dispute between the parties is purely civil in nature and a civil suit vide O.S.No.620 of 2023 on the file of Principal Junior Civil Judge, Kurnool is already pending before the competent Court, since the subject matter is civil in nature, the respondent poliec are not interfering in the civil disputes between the parties.
4. The learned counsel for the petitioner would submit that the court may pass appropriate orders.
5. Recording the above said submission, this Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes 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: 08.12.2025 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.16881 of 2023
Dated.08.12.2025
KKV 59
HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.16881 of 2023 PROCEEDING SHEET Sl. No. Date
ORDER OFFICE NOTE
08.12.2025
Dr.VJP,J
The Writ Petition is disposed of.
(vide separate order)
________ Dr.VJP,J KKV