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2025 DAILYLAW 56391 (AP)

SHAIK MAINUDDIN v. The State of Andhra Pradesh,

WP/29041/2023 · 2025-12-08

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010560612023 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: 29041/2023 Between: 1. SHAIK MAINUDDIN, S/O ALLABAKASH, AGED 45 YEARS, OCC. BUSINESS, R/O D.NO. 11/1, AMEENPEER ROAD, KADAPA CITY, Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, AP SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KADAPA CITY, Y.S.R KADAPA DISTRICT. 4. THE ADDITIONAL SUPERINTENDENT OF POLICE ADMIN, KADAPA CITY, Y.S.R KADAPA DISTRICT. . 5. THE STATION HOUSE OFFICER, II TOWN POLICE STATION, KADAPA CITY, Y.S.R KADAPA DISTRICT 6. S B ABDUL JABBAR, S/O RASOOL SAHEB, AGED 55 YEARS, OCC. BUSINESS, RIO D.NO. 11/580, DADA SAHEB STREET, KADAPA CITY, Y.S.R KADAPA DISTRICT. 7. P GAYAZUDDIN, S/O YASEEN KHAN, AGED 58 YEARS, OCC. Page 2 of 6 BUSINESS, RIO D.NO. 11/709, HABIBULLAH STREET, KADAPA CITY, Y.S.R KADAPA 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 order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ, declaring the action of the 5th respondent in interfering in civil disputes calling the petitioner to police station and forcing the petitioner to settle the civil disputes and trying to stop the construction works of the petitioner forcibly from the land in Sy.No. 42/B3, 43/3, 42/B4A an extent of Ac. 1.06 cents situated at D.no. 10/24-21-4, 10th ward, Bellary Road, Khaleel Nagar, Kadapa City and without any authority or jurisdiction interfering in civil disputes as illegal, arbitrary and consequently direct the 5th respondent not to interfere in civil matters and possession and enjoyment of the petitioner in respect of the land in Sy.No. 42/B3, 43/3, 42/B4A an extent of Ac. 1.06 cents situated at D.no. 10/24-21-4, 10th ward, Bellary Road, Khaleel Nagar, Kadapa City 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 5th respondent not to interfere in civil disputes by calling the petitioner to police station and forcing the petitioner to settle the civil disputes in respect of the land in Sy.No. 42/B3, 43/3, 42/B4A an extent of Ac. 1.06 cents situated at D.no. 10/24-21-4, 10th ward, Bellary Road, Khaleel Nagar, Kadapa City, pending disposal of the writ petition and pass IA NO: 2 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 5th respondent to follow guidelines issued by the Ministry of Home Affairs vide Letter No. VI-24021/97/84-GPA.1, dated 4-7-1985 and 10-7-1985, pending disposal of the writ petition and pass IA NO: 3 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 eased to direct the 5'*^ respondent not to interfere in civil disputes by calling the petitioner to police station and forcing the petitioner to settle the civil disputes in respect of the land in Sy.No. 42/B3, 43/3, 42/B4A an extent of Ac. 0.03 cents 638 sq. links situated at D.no. 10/24- 21-4, 10'*' ward, Bellary Road, Khaleel Nagar, Kadapa City, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. SHAIK AFZAL MOHAMMED Counsel for the Respondent(S): 1. GP FOR HOME 2. C PRAKASH REDDY The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29041 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ, declaring the action of the 5th respondent in interfering in civil disputes calling the petitioner to police station and forcing the petitioner to settle the civil disputes and trying to stop the construction works of the petitioner forcibly from the land in Sy.No. 42/B3, 43/3, 42/B4A an extent of Ac. 1.06 cents situated at D.no. 10/24-21-4, 10th ward, Bellary Road, Khaleel Nagar, Kadapa City and without any authority or jurisdiction interfering in civil disputes as illegal, arbitrary and consequently direct the 5th respondent not to interfere in civil matters and possession and enjoyment of the petitioner in respect of the land in Sy.No. 42/B3, 43/3, 42/B4A an extent of Ac. 1.06 cents situated at D.no. 10/24-21-4, 10th ward, Bellary Road, Khaleel Nagar, Kadapa City and pass.…” 2. Heard Sri Shaik Afzal Mohammed, learned counsel for the petitioner and Sri V. Farook, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the police are calling the petitioner to the police station, in the absence of any crime registered and interfering with the civil disputes in between the petitioner and the unofficial respondents. Learned counsel would further submit that a direction may be given to the police. 4. Learned Assistant Government Pleader for Home, on written instructions would submit that based on the complaint given by respondent No.6, both the parties were called to the police station for preliminary enquiry. He would further submit that the police are not interfering in the civil disputes between petitioner and the unofficial respondents. 5. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 6. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed not to call the petitioner to the police station in the absence of any crime and not to interfere in the civil disputes between the petitioner and the unofficial respondents. 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.29041 of 2023 Dated.09.12.2025 TVN 279