V.Amaranadha Reddy, v. The State of Andhra Pradesh
WP/3008/2025 · 2025-02-07
B V L N Chakravarthi
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 5710 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5710 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 3008 OF 2025 Between: V.Amaranadha Reddy, S/o. V.Venkata Reddy, Aged about 52 years, Occ: Business R/o.D.No.2-18/1-4, Reddy Reddy Colony, Filer Town and Mandal, Annamayya District. ...PETITIONER AND The State of Andhra Pradesh, rep., by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Superintendent of Police, Annamayya District. The Circle Inspector, Pileru Urban Police Station, Pileru, Annamayya District. Shaik Gousiya, D/o.S.Hydervali, Aged about 19 years, R/o.D.No.10-14 Pathakota Veedi, Pileru Mandal, Annamayya District. 1. 2. 3. 4. ...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 issue an appropriate Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent No.3 calling the petitioner to their Police Station with regard to a civil dispute in O.S.No.241 of 2016 on the file of the Court of the Principal Junior Civil Judge, Pileru and threating him to settle the same at the instance of the respondent No.4 as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles apart from being one
violative of the fundamental and the Constitutional rights guaranteed to him under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.3 not to interfere with the rights of the petitioner over the land in an extent of 277.76 in Sy.No.98-1 of Bandariavandlapalle Village, Pileru Mandal, Annamayya District, pending adjudication of a Civil dispute in O.S.No.241 of 2016 on the file of the Court of the Principal Junior Civil Judge, Pileru. lA 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 to direct the respondent No.3 not to interfere with the rights of the petitioner over the land in an extent of 277.76 in Sy.No.98-1 of Bandariavandlapalle Village, Pileru Mandal, Annamayya District without adhering to due process of law, pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRI B.V.DURGA PRASAD Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4:-— The Court made the following: ORDER
r<.- APHC010049652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE A J [3368] r PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 3008/2025 Between: ...PETITIONER V.amaranadha Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner;
1.B.V.DURGA PRASAD Counsel for the Respondent(S):
1.GP FOR HOME The Court made the following order: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:
“to issue a writ or order or direction more particuiariyone in the nature of WRIT OF MANDAMUS deciaring the action of the respondent No 3 caiiing the petitioner to their Poiice Station with regard to a civii dispute in O S No 241 of 2016 on the fiie of the Court of the Principai Junior Civii Judge Piieru and threating him to settie the same at the instance of
2 the respondent No 4 as arbitrary illegal colorable exercise of power and contrary to the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to him under Articles 14 19 21 and 300A of the Constitution of India and consequently direct the respondent No 3 not to interfere with the rights of the petitioner over the land in an extent of277 76 in Sy No 981 of Bandariavandlapalle Village Piieru Mandai Annamayya District pending adjudication of a Civil dispute in O S No 241 of 2016 on the file of the Court of the Principal Junior Civil Judge-Piieru and pass such.."
2. Heard
learned counsel for the petitioner and learned Additional Government Pleader appearing for the State.
3. Learned Additional Government Pleader appearing for the State on written instructions would submit that as per the preliminary enquiry of the Police, it is a civil dispute between the petitioner and the unofficial respondent No.4 and they will not interfere with the civil dispute between the parties and all the other allegations made in the affidavit are not true and correct.
4.
Submissions made by learned Assistant Government Pleader are placed on record.
5. In that view of the matter, this Court is of the considered opinion that the Writ Petition can be closed at the stage of
3 admission itself, without going into merits of the case, by directing the respondent/Police to follow due procedure established under law, if they intend to call the petitioner to the Police Station, in connection with any crime or enquiry. Accordingly, Writ Petition is closed. No order as to costs.
6. Interlocutory applications, if any, pending shall stand closed. I Sd/- K. TATA RAO DEPUTY REGISTRAR^ //TRUE COPY// SECTION OFFICER
1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
2. The Superintendent of Police, Annamayya District.
3. The Circle Inspector, Pileru Urban Police Station, Pileru, Annamayya District.
4. One CC to Sri B.V. Durga Prasad, Advocate [OPUC]
5. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]
6. Three CD Copies. To, ssb > W
HIGH COURT ssb DATED:07/02/2025
ORDER WP.No.3008 of 2025 ^ H FEB 2025 Hi ^ . Current section .
CLOSING THE W.P. WITHOUT COSTS