APHC010531382025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. Gandham Simhachalam Naidu,, S/o. Parameswara Naidu, aged 38 years, R/o. China Gangavaram (V), Tenugupudi (P) Devarapalli Mandal, Visakhapatnam District. 2. Challa Appala Naidu,, S/o. Simachalam, aged 50 years, R/o. China Gangavaram (V), Tenugupudi (P) Devarapalli (M), Visakhapatnam District 1. State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Visakhapatnam 3. The Commissioner of Police, Visakhapatnam City, Visakhapatnam. 4. The Assistant Commissioner of Police, North Sub Division, Visakhapatnam. 5. The Station House Officer, Pendurthi Police Station, Visakhapatnam City, Visakhapatnam. 6. Sadalla Praveena, D/o. Late Apparao, aged 32 years, R/o. D. No. 31 108/13, Dock Yard Colony, Seelanagar, Tunglam (V), Gajuwaka, Visakhapatnam. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27589 OF 2025 1. Gandham Simhachalam Naidu,, S/o. Parameswara Naidu, aged 38 years, R/o. China Gangavaram (V), Tenugupudi (P) Devarapalli Mandal, 2. Challa Appala Naidu,, S/o. Simachalam, aged 50 years, R/o. China varam (V), Tenugupudi (P) Devarapalli (M), Visakhapatnam District ...Petitioners AND 1. State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Visakhapatnam District, Visakhapatnam. 3. The Commissioner of Police, Visakhapatnam City, Visakhapatnam. 4. The Assistant Commissioner of Police, North Sub Division, Visakhapatnam. 5. The Station House Officer, Pendurthi Police Station, Visakhapatnam City, 6. Sadalla Praveena, D/o. Late Apparao, aged 32 years, R/o. D. No. 31 108/13, Dock Yard Colony, Seelanagar, Tunglam (V), Gajuwaka, IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Gandham Simhachalam Naidu,, S/o. Parameswara Naidu, aged 38 years, R/o. China Gangavaram (V), Tenugupudi (P) Devarapalli Mandal, 2. Challa Appala Naidu,, S/o. Simachalam, aged 50 years, R/o. China varam (V), Tenugupudi (P) Devarapalli (M), Visakhapatnam District ...Petitioners 1. State of Andhra Pradesh, Represented by its Principal Secretary, Home 3. The Commissioner of Police, Visakhapatnam City, Visakhapatnam. 4. The Assistant Commissioner of Police, North Sub Division, Visakhapatnam. 5. The Station House Officer, Pendurthi Police Station, Visakhapatnam City, 6. Sadalla Praveena, D/o. Late Apparao, aged 32 years, R/o. D. No. 31-50- 108/13, Dock Yard Colony, Seelanagar, Tunglam (V), Gajuwaka, 2 ...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 pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 5 Respondent in compelling the petitioners for settling the civil disputes with the 6th respondent herein, which is sub-judice under O.S. No. 70 of 2025 and 79 of 2025 before the Court of 1st Additional Senior Civil Judge at Visakhapatnam as illegal, arbitrary, unwarranted, unconstitutional and in violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the life and liberty of the petitioners herein and their possession over the site bearing Plot No. 23 in Survey No. 77/4 of Chinamushidiwada Village within the limits of Greater Visakhapatnam Municipal Corporation in any manner 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 pleased to direct the respondents 2 to 5 herein not to interfere with the liberty of the petitioners by calling them to the police station repeatedly in connection with the civil disputes, pending disposal of main writ petition Counsel for the Petitioners: MAHESH ADAVIVARAPU Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27589 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 5 Respondent in compelling the petitioners for settling the civil disputes with the 6th respondent herein, which is sub-judice under O.S. No. 70 of 2025 and 79 of 2025 before the Court of 1st Additional Senior Civil Judge at Visakhapatnam as illegal, arbitrary, unwarranted, unconstitutional and in violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the life and liberty of the petitioners herein and their possession over the site bearing Plot No. 23 in Survey No. 77/4 of Chinamushidiwada Village within the limits of Greater Visakhapatnam Municipal Corporation in any manner.…” 2. Heard Sri Mahesh Adavivarapu, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that civil suits in O.S.No.70 of 2025 and 79 of 2025, on the file of 1st Additional Senior Civil Judge, Visakhapatnam, are pending between the petitioners and the respondent No.6. Learned counsel for the petitioners would further submit that at the instance of the respondent No.6, the police are compelling the petitioners for settling the civil disputes between them. 4 4. Learned Assistant Government Pleader would submit that police are not interfering in the civil dispute and no criminal case is registered against the petitioners and the Court may pass appropriate orders. 5. Considering the submissions made, this Writ Petition is disposed of. However, police are directed not to interfere in the civil disputes, between the petitioners and the respondent No.6 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 VENKATA JYOTHIRMAI PRATAPA Date 09.10.2025 KKV 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27589/2025 Dated 09.10.2025 KKV