Shaik Abdul Khadar, v. The State of Andhra Pradesh,
WP/34049/2025 · 2025-12-07
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55726 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55726 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010653522025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between:
1. SHAIK ABDUL KHADAR,, S/O.LATE SHAIK MOHAMMAD SARWAR, AGED ABOUT 78 YEARS, R/O DOOR NO. 2 STREET, PONNUR TOWN, GUNTUR DISTRICT
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE SUBDIVISIONAL POLICE OFFICER SDPO, TENALI SUB DIVISION, GUNTUR DISTRICT, A.P
4. THE INSPECTOR OF POLICE S H O, PONNUR URBAN CIRCLE, GUNTUR DISTRICT, A.P.
5. THE SUBINSPECTOR OF POLICE, PONNUR URBAN POLICE STATION,GUNTUR DISTRICT, A.P.
6. ALLAM SATYANARAYANA, S/O ALLAM RAMAIAH, R/O DOOR NO 7 5-19,
LECTURES COLONY, GANGANAMMAPETA, GUNTUR DISTRICT. 7. SHAIK BAJI, S/O SK. GAFFAR, AGED ABOUT 45 YEARS, C/O BABU FERTILIZERS, NEAR VEGETABLE MARKET,GBC ROAD, PONNUR 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: 34049/2025 SHAIK ABDUL KHADAR,, S/O.LATE SHAIK MOHAMMAD SARWAR, AGED ABOUT 78 YEARS, R/O DOOR NO. 2-4-8/3 MOLLA VARI STREET, PONNUR TOWN, GUNTUR DISTRICT - 522124. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, ANDHRA THE SUBDIVISIONAL POLICE OFFICER SDPO, TENALI SUB DIVISION, GUNTUR DISTRICT, A.P INSPECTOR OF POLICE S H O, PONNUR URBAN CIRCLE, GUNTUR DISTRICT, A.P.
THE SUBINSPECTOR OF POLICE, PONNUR URBAN POLICE STATION,GUNTUR DISTRICT, A.P.
ALLAM SATYANARAYANA, S/O ALLAM RAMAIAH, R/O DOOR NO 7 19,
LECTURES COLONY, GANGANAMMAPETA,
SHAIK BAJI, S/O SK. GAFFAR, AGED ABOUT 45 YEARS, C/O BABU FERTILIZERS, NEAR VEGETABLE MARKET,GBC ROAD, PONNUR IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA SHAIK ABDUL KHADAR,, S/O.LATE SHAIK MOHAMMAD SARWAR, 8/3 MOLLA VARI ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, ANDHRA THE SUBDIVISIONAL POLICE OFFICER SDPO, TENALI SUB- INSPECTOR OF POLICE S H O, PONNUR URBAN CIRCLE, THE SUBINSPECTOR OF POLICE, PONNUR URBAN POLICE ALLAM SATYANARAYANA, S/O ALLAM RAMAIAH, R/O DOOR NO 7- 19,
LECTURES COLONY, GANGANAMMAPETA, TENALI SHAIK BAJI, S/O SK.
GAFFAR, AGED ABOUT 45 YEARS, C/O BABU FERTILIZERS, NEAR VEGETABLE MARKET,GBC ROAD, PONNUR
GUNTUR DISTRICT - 522124. ...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 to may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring that the action of Respondent Nos. 3 to 5 herein in interfering with Civil disputes pertaining to property. Block No 2, admeasuring an extent of Ac.0.04 Cents respectively of Ponnur Sub Division, Ponnur Municipality Area, Ponnur Village, Guntur District, A.P at the behest of the 6th and 7th Respondent, without there being any sufficient cause and thereby forcing the Petitioner herein to settle the Civil disputes with Respondent No.6 and Respondent No 7, failing which threatened to lodge false criminal cases, as illegal, arbitrary, without jurisdiction, besides violating Petitioners rights guaranteed under Article 14, 19(1 )(g) and 300A of the Constitution of India and consequently direct Respondent Nos.3 to 5 herein not to interfere with the civil disputes existing between the Petitioner and the 6th Respondent and 7th Respondent and to pass such 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 may be pleased to direct the Respondent No’s.3 to 5 herein not to call the Petitioner herein to the 4th Respondent Police Station for settling civil disputes between Petitioners and 6th and 7th Respondent with regard to Block No 2, admeasuring an extent of Ac.0.04 Cents respectively of Ponnur Sub Division, Ponnur Municipality Area, Ponnur Village, Guntur District , Andhra Pradesh and thereby forcing the Petitioner herein to settle the existing civil cases with the 6th Respondent and pass such Counsel for the Petitioner:
1. K KOUTILYA Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 34049/2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“....to may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring that the action of Respondent Nos. 3 to 5 herein in interfering with Civil disputes pertaining to property. Block No 2, admeasuring an extent of Ac.0.04 Cents respectively of Ponnur Sub Division, Ponnur Municipality Area, Ponnur Village, Guntur District, A.P at the behest of the 6th and 7th Respondent, without there being any sufficient cause and thereby forcing the Petitioner herein to settle the Civil disputes with Respondent No.6 and Respondent No 7, failing which threatened to lodge false criminal cases, as illegal, arbitrary, without jurisdiction, besides violating Petitioners rights guaranteed under Article 14, 19(1 )(g) and 300A of the Constitution of India and consequently direct Respondent Nos.3 to 5 herein not to interfere with the civil disputes existing between the Petitioner and the 6th Respondent and 7th Respondent and to pass suchd pass...”
2. Heard Ms. K.Koutilya, learned counsel for the petitioner/s and Sri V.Farook, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner would submit that the police are calling the petitioners to the police station and interfering in the civil disputes.
4. Learned Assistant Government Pleader on written instructions would submit that police called the petitioner for preliminary enquiry on the petitioner’s complaint only. He further submits that the respondent police neither pressurized the petitioner to settle the matter with the unofficial respondents nor threatened the petitioner.
5. Recording the same, this Writ Petition is disposed of. However, the police are directed not to interfere in the civil dispute except under due process of law. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.12.2025 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.34049 of 2025
Dated.08.12.2025
KKV 111
HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.34049 of 2025 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