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2025 DAILYLAW 58422 (AP)

ABBURI HEMASUNDARA NAIDU v. The State of Andhra Pradesh

WP/29778/2025 · 2025-10-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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Dr.VJP,J W.P.No.29778 of 2025 APHC010568172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29778 OF 2025 Between: 1. ABBURI HEMASUNDARA NAIDU, S/o Rama Naidu, Aged about 63 years D.No. 1-6, Mamandur, Chittoor, Chittoor District 2. Abburi Rajesh, S/o Hemasundara Naidu, Aged about 36 years, R/o 26, SVU Non teaching Colony, Vidhya Nagar, Tirupati Rural, Tirupati, Chittor Districct, now Tirupati District ...Petitioners AND 1. The State of Andhra Pradesh, Rep by the Principal Secretary, Department of Home affairs. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, Police Head Quarters, Mangalagiri, Guntur District. 3. The Superintendent of Police, Tirupati Rural, Chittoor District, now Tirupati District 4. The Deputy Superintendent of Police, Chandragiri, Chittoor District Now Tirupati District 5. The Station House Officer, Chandragiri Police Station, Chittoor District, now Tirupati District Dr.VJP,J W.P.No.29778 of 2025 6. Abburi Kodanda Rama Naidu, S/o Late Rama Naidu, aged about 57 years R/o Mamanduri Village, Chandragiri Mandal, Chittoor District, Now Tirupati 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 toPleased to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the respondent No. 5 cannot interfere in any civil disputes between the citizens and cannot take on themselves the function of a civil court at the instance of the 6 respondent by repeatedly calling the petitioners to the police station and threatening them to settle the property disputes between them being illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India apart from being violative of Principles of Natural Justice and pass 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 Respondent No.5 and their staff not to interfere with the life, liberty of the petitioners by calling them to the police station repeatedly to settle the property disputes, pending disposal of the main writ petition and pass Counsel for the Petitioners: VENKATA DURGA RAO ANANTHA Counsel for the Respondents: GP FOR HOME Dr.VJP,J W.P.No.29778 of 2025 The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the respondent No. 5 cannot interfere in any civil disputes between the citizens and cannot take on themselves the function of a civil court at the instance of the 6 respondent by repeatedly calling the petitioners to the police station and threatening them to settle the property disputes between them being illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India apart from being violative of Principles of Natural Justice...” 2. Heard Sri A.Venkata Durga Rao, learned counsel for petitioners and Sri V.Farook, learned Assistant Government Pleader for Home for respondents. 3. Learned counsel for petitioners would submit police are interfering in the civil dispute between the parties. 4. Learned Assistant Government Pleader for Home for respondents would submit that 1st petitioner and 6th respondent are brothers and a civil suit is subsisting between them and police are not interfering in the civil dispute between the parties. 5. Recording the same, the writ petition is disposed of. However, police are directed not to interfere in the civil dispute, except under due process of law. Dr.VJP,J W.P.No.29778 of 2025 As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 31.10.2025 Dvs Dr.VJP,J W.P.No.29778 of 2025 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 97 WRIT PETITION NO: 29778 of 2025 Date: 31.10.2025 Dvs