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2025 DAILYLAW 56543 (AP)

PRATHIKONDA KOTESWARA RAO @ JOSEPH RAJU v. THE STATE OF AP

WP/21352/2023 · 2025-12-07

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010409232023 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: 21352 OF 2023 Between: 1. PRATHIKONDA KOTESWARA RAO @ JOSEPH RAJU, S/o. Bala Swamy, Aged about 47 years, Occ. Business, R/o. Door No. 4-481, Chowdavaram Village, Guntur Rural Mandal, Guntur District, Presently R/o. Door No. 1-1- 49/1, Srisilam, Nandyal District ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Inspector General of Police, Chairman, District Level Committee, Ananthapur Range, Ananthapur, Ananthapur District. 3. The Superintendent of Police, Member, District Level Committee, Tirupati District, Tirupati, Erstwhile Chittoor District. 4. The Station House Officer, Thiruchanuru Police station, Thiruchanuru, Tirupati District, Erstwhile Chittoor District. 5. Siva Prasad Reddy, , S/o not known to the petitioner, Occ. Circle Inspector, Thiruchanuru Police station, Thiruchanuru, Tirupati District, Erstwhile Chittoor District. 6. Kolakari Rosi Reddy, S/o Kuppa Reddy, Aged about 80 years, Occ. Cultivation, R/o. Door No.7-121, Kotramangalam road, Thiruchanuru, Tirupati District, Erstwhile Chittoor District. 7. Lokesh Reddy, S/o Nagi Reddy, Aged about 30 years, Occ. Real Estate business, R/o. Door No.7-121, Kotramangalam road, Thiruchanuru, Tirupati District, Erstwhile Chittoor District. 8. Kumar Reddy, S/o Anand Reddy, Aged about 29 years, Occ. Real estate business, R/o. Door No.7-121, Kotramangalam road, Thiruchanuru, Tirupati District, Erstwhile Chittoor District. 9. Naga Rani, W/o Muni Reddy (Late), Aged about 45 years, Occ. Business, R/o. Door No.7-121, Kotramangalam road, Thiruchanuru, Tirupati District, Erstwhile Chittoor District. ...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 to be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in illegally detained the petitioner hours together in the 4th respondent police station and resort the civil settlement between the petitioner and the 6th respondent on the guise of the compromise is as illegal, arbitrary and violative of Principles of natural justice and violative of Art.21 of the Constitution of India and consequently direct the 2nd respondent to conduct departmental enquiry and take appropriate departmental action against the 4th and 5th respondents as per the G.O.Ms.No.288 / 2010, dated 06-11-2010, 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 forthwith direct the 2'' respondent to conduct departmental enquiry and take appropriate departmental action against the 4th and 5th respondents as per the G.O.Ms.No.288 / 2010, dated 06-11-2010, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: CH VIDYASAGAR Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:T V JAGGI REDDY The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21352 OF 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in illegally detained the petitioner hours together in the 4th respondent police station and resort the civil settlement between the petitioner and the 6th respondent on the guise of the compromise is as illegal, arbitrary and violative of Principles of natural justice and violative of Art.21 of the Constitution of India and consequently direct the 2nd respondent to conduct departmental enquiry and take appropriate departmental action against the 4th and 5th respondents as per the G.O.Ms.No.288 / 2010, dated 06-11-2010, and pass...…” 2. Heard Sri Ch.Vidyasagar, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the under the guise of the compromise, the police are calling the petitioner to the police station and threatening him to settle dispute between him and the unofficial respondent. 4. Learned Assistant Government Pleader would submit that the police are not interfering in the civil dispute and the Court may pass appropriate orders 5. Considering the submissions made, this writ petition is disposed of. However the respondent police are directed not to interfere in the civil dispute between the petitioner and the unofficial respondent except under due process of law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 08.12.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 27 W.P.No.21352 of 2023 Date: 08.12.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.21352 of 2023 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