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2025 DAILYLAW 54996 (AP)

Potla Venkata Narayana v. The State of Andhra Pradesh

WP/20027/2024 · 2025-12-19

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010394482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20027 OF 2024 Between: 1. PotlaVenkata Narayana,, S/O. Narasimha Rao Aged about 57 years, Occ Business, R/o. 15-297/6, Opp Sal baba Temple, Gurazala, Gurazala Mandal, Palnadu District, A.P.-522415. 2. Potla Suresh, S/o. Venkata Narayana Aged about 35 years, Occ Software Employee, R/o. 15-297/6, beside Sai baba temple, Gurazala, Gurazala Mandal, Palnadu District - 522415, Presently residing at D. No. 3-177/44, Flat No. 323, SharadaNilayam, Sripuram Colony, BN Reddy Nagar, Hyderabad, Telangana - 500070. 3. PotlaBhulakshmi,, W/o. Venkata Narayana, Aged about 55 years, Occ Housewife, R/o. 15-297/6, Opp Sai baba Temple, Gurazala, Gurazala Mandal, Palnadu District, A.P.-522415. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A.P. Secretariat, Velgapudi, Guntur District. 2. The Superintendent of Police, Palnadu District, at Narsaraopet. 3. The Circle Inspector, Gurazala Urban Police Station Gurazala, Palnadu District. 4. The Station House Officer, Gurazala Urban Police Station Gurazala, Palnadu District. ' 5. JammigumpulaMallaiah, S/o. Jogaiah, Aged about 60 years,Occ Business, R/o. 8th ward, Pulipadu Village, Gurazala Mandal, Palnadu District, A.P. 522415 ...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 topleased to issue a Writ, order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No. 3 and 4 in calling the Petitioners to the Gurazala Police Station frequently and pressurising them to pay amounts to the Unofficial Respondent and other creditors in spite of pendency of Civil Suits vide O.S. No. 214 of 2024, O.S. No. 187 of 2024, O.S. No. 188 of 2024, O.S. No. 189 of 2024, O.S. No. 190 of 2024 on the file of Principal Junior Civil Judge, Gurazala and I.P. No. 40 of 2024 pending on the file of Senior Civil Judge, Gurazala and interfering into their Right to Life and Personal Liberty as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondent No 3 and 4 not to call the Petitioners herein to the Police Station and not to interfere in the Civil Disputes 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 direct the Respondent No 3 & 4 not to call the Petitioners herein to the Gurazala Police Station and pressurize the Petitioners to settle the Civil Disputes between the Unofficial Respondent and other Creditors pending disposal of Civil Suits vide O.S. No. 214 of 2024, O.S. No. 187 of 2024, O.S. No. 188 of 2024, O.S. No. 189 of 2024, O.S. No. 190 of 2024 on the file of Principal Junior Civil Judge, Gurazala and I.P. No. 40 of 2024 pending on the file of Senior Civil Judge, Gurazala Counsel for the Petitioners: BHUVANAGIRI SUBRAMANYA KUMAR Counsel for the Respondents: GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20027 OF 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 a Writ, order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No. 3 and 4 in calling the Petitioners to the Gurazala Police Station frequently and pressurising them to pay amounts to the Unofficial Respondent and other creditors in spite of pendency of Civil Suits vide O.S. No. 214 of 2024, O.S. No. 187 of 2024, O.S. No. 188 of 2024, O.S. No. 189 of 2024, O.S. No. 190 of 2024 on the file of Principal Junior Civil Judge, Gurazala and I.P. No. 40 of 2024 pending on the file of Senior Civil Judge, Gurazala and interfering into their Right to Life and Personal Liberty as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondent No 3 and 4 not to call the Petitioners herein to the Police Station and not to interfere in the Civil Disputes 2. Heard Sri BhuvanagiriSubramanya Kumar, learned counsel for the petitioner and Sri P.AjayBabu, learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioner would submit that it is case of interference of police in civil disputes. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on instructions, would submit that one JammigumpulaMallaiah and others filed a complaint before the learned Additional Civil Judge, Gurazala, basing on which a case in Cr.No.160/2024 was registered against the petitioner for the offence punishable under Section 351(2) r/w 3(5) of BNS of Gurazala Police Station. Learned Assistant Government Pleader for Home would submit that police never interfered in the civil disputes between the petitioner and unofficial respondents. 4. 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