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2025 DAILYLAW 55352 (AP)

ADAPA PRASAD v. THE STATE OF AP

WP/34310/2025 · 2025-12-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010665342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34310/2025 Between: 1. ADAPA PRASAD, S/O. APPALLA RAJU, MALE, AGED 36 YEARS, OCC L.D.CONSTRUCTIONS, ABID NAGAR, AKKAYAPALEM, VISAKHAPATNAM. VISAKHPATANAM DISTRICT. 2. ADAPA JAGURTHI, , W/O. ADAPA PRASAD, FEMALE, AGED30 YEARS, OCC BUSINESS, ABIDNAGAR, AKKAYYAPALEM, VISAKHPATNAM, VISAKHPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETRY TO GOVERNMENT(HOME DEPARTMENT), A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, SURYA BAGH, VISAKHAPATNAM. VISAKHAPATNAM DISTRICT. 3. THE STATION HOUSE OFFICER, GAJUWAKA POLICE STATION, GAJUWAKA. VISAKAHPATNAM. VISAKHAPATNAM DISTRICT. 4. THE PRELITIGATION COUSELING FORUM, VISAKHAPATNAM CITY, REP. BY ITS MEMBER, VISAKHAPATNAM. 5. R PENTA RAO, S/O. R. DEMUDU, MALE, AGED 40 YERS, R/O.D.NO,2-50, B.C.COLONY, LANKELAPALEM, (V), PARAWADA(M), VISAKHAPATNAM. VISAKHAPATNAM 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 issue an appropriate Writ or Writs or order or orders one in more particularly in the nature of Writ of Mandamus declaring the action of Respondent No.l to 4 in collusion with Respondent No.5 in interfering with Civil Disputes calling the petitioners to Gajuwaka Police Station Pertaining to Flat in Door No.32-10-35/1, in Ward No.65, Venkateswara Colony, Zone 5, Sheela Nagar, Visakhapatnam City by fabricating the documents by forging the signatures of Petitioners as highly illegal, arbitrary and contrary to law and clear violation of Principles of Natural Justice and clear violation of Articles 14,19(1), 21 and 300A of the Constitution of India and consequently to direct the respondents No.l to 4 not to interfere in Civil Disputes and call the petitioners to Gajuwaka Police Station and Pre-Litigation Forum, Visakhapatnam City 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 Respondents No.l to 4 not to interefere Civil Dispute pertaining in Flat in Door No.32-10-35/1, Ward No.65, Venkateswara Colony, Zone 5, Sheela Nagar, Visakhapatnam City of the Petitioner at the behest of Respondent No.5 pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. B P RAJU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34310 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ or Writs or order or orders one in more particularly in the nature of Writ of Mandamus declaring the action of Respondent No.l to 4 in collusion with Respondent No.5 in interfering with Civil Disputes calling the petitioners to Gajuwaka Police Station Pertaining to Flat in Door No.32-10-35/1, in Ward No.65, Venkateswara Colony, Zone 5, Sheela Nagar, Visakhapatnam City by fabricating the documents by forging the signatures of Petitioners as highly illegal, arbitrary and contrary to law and clear violation of Principles of Natural Justice and clear violation of Articles 14,19(1), 21 and 300A of the Constitution of India and consequently to direct the respondents No.l to 4 not to interfere in Civil Disputes and call the petitioners to Gajuwaka Police Station and Pre-Litigation Forum, Visakhapatnam City and pass.…” 2. Heard Sri B.P. Raju, learned counsel for the petitioners and Sri V. Farook, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader for Home, on written instructions would submit that based on the complaint made by respondent No.5, the petitioner was called to the police station. After due enquiry, they found that the subject matter is purely civil in nature and advised both the parties to work out their remedy before the competent civil Court. 4. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 5. Recording the above said submissions, the Writ Petition is disposed of. However, the petitioners are at liberty to workout their remedy before the appropriate forum according to 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: 09.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.34310 of 2025 Dated.09.12.2025 TVN 123