POTLAM RETAIL CONCEPTS PRIVATE LIMITED v. THE STATE OF ANDHRA PRADESH
WP/24495/2024 · 2025-12-19
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54284 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54284 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010475232024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24495/2024 Between:
1. POTLAM RETAIL CONCEPTS PRIVATE LIMITED, POTLAM BHAVAN, VIRODHULA VARI STREET,
BUTTAYAGUDEM ROAD, JANGAREDDIGUDEM, ELURU (ERSTWHILE WEST GODAVARI) DISTRICT. REPRESENTED BY ITS MANAGING DIRECTOR ALAMANDA SRINIVASU, S/O SANYASIRAO. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. THROUGH ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, PALNADU DISTRICT AT NARASARAOPET. 3. THE DEPUTY SUPERINTENDENT OF POLICE, NARASARAOPET, PALNADU DISTRTICT. 4. THE CIRCLE INSPECTOR OFFICER, NARASARAOPET LL-TOWN POLICE STATION, NARASARAOPET, PALNADU DISTRTICT. 5. THE SUBINSPECTOR OF POLICE, NARASARAOPET LL-TOWN POLICE STATION, NARASARAOPET, PALNADU DISTRTICT. 6. THE ASSISTANT SUBINSPECTOR OF POLICE, NARASARAOPET LL-TOWN POLICE STATION,
NARASARAOPET, PALNADU DISTRTICT. 7. NAGUBOTHU SRINIVASARAO, S/O NOT KNOW TO THE PETITIONER. AGED. 40 YRS, R/O. MULAKALURU, NARASARAOPET, PALNADU DISTRTICT. 8. PACHAVA SRINIVAS, S/O NOT KNOW TO THE PETITIONER, AGED. 40 YEARS, R/O NARASARAOPET, PALNADU DISTRTICT.
...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 tomay be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents particularly the respondents 5 and 6 in interfering with the Civil Disputes by misusing their official capacity as Sub- Inspector and Assistant Sub-Inspector of Police, in calling the petitioner to the police station and in threatening with dire consequences of implicating him in false criminal cases at the instance of the unofficial respondents herein to settle the dispute with them, as illegal, arbitrary, unjust, discriminatory, without jurisdiction and also in violation of the principles of Natural Justice and to consequently direct the respondents particularly the respondents 5 and 6 not to interfere in civil dispute by misusing their official capacity as Sub-Inspector and Assistant Sub-Inspector of Police, not to call the petitioner to police station, not to threaten the petitioner to settle the dispute with the unofficial respondents, 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 may be pleased to direct the respondents particularly the respondents 5 and 6 not to interfere in Civil Dispute by misusing their official capacity as Sub- Inspector and Assistant Sub-Inspector of Police, not to call the petitioners to police station, not to threaten the petitioner to settle the dispute with the unofficial respondents, during the pendency of the Writ Petition, in the interest of justice, and to pass Counsel for the Petitioner:
1. K JYOTHI PRASAD Counsel for the Respondent(S):
1.
GP FOR HOME The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24495/2024 The Court made the following order:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents particularly the respondents 5 and 6 in interfering with the Civil Disputes by misusing their official capacity as Sub- Inspector and Assistant Sub-Inspector of Police, in calling the petitioner to the police station and in threatening with dire consequences of implicating him in false criminal cases at the instance of the unofficial respondents herein to settle the dispute with them, as illegal, arbitrary, unjust, discriminatory, without jurisdiction and also in violation of the principles of Natural Justice and to consequently direct the respondents particularly the respondents 5 and 6 not to interfere in civil dispute by misusing their official capacity as Sub-Inspector and Assistant Sub-Inspector of Police, not to call the petitioner to police station, not to threaten the petitioner to settle the dispute with the unofficial respondents, and to pass..”
2. Heard Sri K Jyothi Prasad, learned counsel for the petitioner and Sri P.Ajay babu, learned Assistant Government Pleader for Home. 3.
Learned counsel for the petitioner would submit that, it is a case of interference of police in the civil disputes.
4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on instructions, would submit that based on the complaint lodged by Nagubothu
Srinivasa Rao, the 7th respondent, a case in Crime No.134 of 2024 under Sections 417 and 420 read with Section 34 of the IPC was registered against the petitioner on the file of Narasaraopet II Town Police Station. The petitioner was called to the police station for enquiry during the course of investigation in the said matter, and notice under Section 35(3) of the BNS was served. He would further submit that the police have never interfered in the civil disputes between the parties.
5. The learned counsel for the petitioner would submit that, recording the above said submissions, the court may pass appropriate orders.
5. Recording the same, this Writ Petition is disposed of. However, the police are directed to follow due process of law regarding the crime which is registered against the petitioner. No order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.12.2025. KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
72
WRIT PETITION NO: 24495/2024
Dated. 20.12.2025
KKV
HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO: WRIT PETITION NO: 24495/2024 PROCEEDING SHEET Sl. No. Date
ORDER OFFICE NOTE
2.
20.12.2025
Dr.VJP,J
The Writ Petition is disposed of.
(Vide separate order)
________ Dr.VJP, J KKV