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2025 DAILYLAW 56529 (AP)

ATCHI GANESH v. THE STATE OF AP

WP/15603/2024 · 2025-12-29

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010308552024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15603/2024 Between: 1. ATCHI GANESH, S/O. LATE A.POTHURAJU, AGED 32 YEARS, OCC- AUDIT CONSULTANT, R/O. D.NO.54-20/5-1A, PLOT NO. 55, 5TH LINE, KANAKDURGA OFFICERS COLONY, VIJAYAWADA URBAN, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, NTR DISTRICT AT VIJAYAWADA. 3. THE STATION HOUSE OFFICER, PATAMATA POLICE STATION, PATAMATA, VIJAYAWADA, NTR DISTRICT. 4. THE SUBINSPECTOR OF POLICE, PATAMATA POLICE STATION, PATAMATA, VIJAYAWADA, NTR DISTRICT. 5. KOMATANENI SRINIVASA RAO, S/O. PATTABHI RAMAIAH, AGED 58 YEARS, OCC- BUILDER, PLOT NO. 68, 3RD CROSS, VIJAYANAGAR COLONY, PATAMATA, VIJAYAWADA, NTR 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly respondents 3 and 4 at the instance of the 5th respondent, repeatedly insisting the petitioner to appear before their authority and yield to the terms of the 5th respondent to settle the monetary disputes between him and respondent, exceeding their jurisdiction by involving in civils disputes by causing severe damage to his reputation in the society without there being any jurisdiction, authority or sanction of law and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents 3 and 4 not to interfere in any manner with his personal life and liberty nor call the petitioner to the police station and appear before their authority and 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 3 and 4 not to interfere with the petitioner personal life and liberty nor insist him to appear before their authority, pending disposal of main Writ Petition and pass Counsel for the Petitioner: 1. V.PREETHAM SURYA Counsel for the Respondent(S): 1. V.PREETHAM SURYA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15603 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly respondents 3 and 4 at the instance of the 5th respondent, repeatedly insisting the petitioner to appear before their authority and yield to the terms of the 5th respondent to settle the monetary disputes between him and respondent, exceeding their jurisdiction by involving in civils disputes by causing severe damage to his reputation in the society without there being any jurisdiction, authority or sanction of law and violative of Articles 14 and 21 of Constitution of India and consequently direct the respondents 3 and 4 not to interfere in any manner with his personal life and liberty nor call the petitioner to the police station and appear before their authority and pass.…” 2. None represented for the petitioner. 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 for preliminary enquiry and since the subject matter is purely civil in nature, no case has been registered. He would further submit that police are not interfering in the civil disputes between the petitioner and the unofficial respondent. 4. Recording the above said submissions, the Writ Petition is disposed of. However, police are directed not to interfere in the civil disputes between the petitioner and the unofficial respondent, except under due procedure of 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: 30.12.2025. TVN HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.15603 of 2024 Dated.30.12.2025 TVN 299