APHC010308052024 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: 15624/2024 Between: 1. V SARVESWARA RAO, S/O. V. RANGAIAH, AGED ABOUT 52 YEARS, BUSINESS, SRI LAKSHMI TIRUPATHAMMA RICE AND FLOUR MILL, D. NO. 1- 163, PENUGRANCHIPROLU, KRISHNA DISTRICT 2. SRI LAKSHMI TIRUPATHAMMA RICE AND FLOOR MILL, D. NO. 1- 163, PENUGANCHIPROLU, KRISHNA DISTRICT. REP BY V. SARVESWARA RAO, S/O. V. RANGAIAH, AGED ABOUT 52 YEARS, BUSINESS, SRI LAKSHMI TIRUPATHAMMA RICE AND FLOUR MILL, D. NO-1-163, PENUGRANCHIPROLU, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, ANDHRA PRADESH, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DIST., 2. THE DIRECTOR GENERAL OF POLICE ANDHRA PRADESH, A.P. POLICE HEAD QUARTERS AND DGP CAMP OFFICE, MANGLAGIRI, GUNTUR DIST., 3. THE COMMISSIONER OF POLICE, O/O. NTR POLICE COMMISSIONERATE, PINGALI VENKAIAH MARG, SURYARAOPET, VIJAYAWADA-520002 4. THE SUB DIVISIONAL POLICE OFFICER/ASSISTANT COMMISSIONER OF POLICE, NANDIGAMA DIVISION, PENUGRANCHIPROLU AREA, NTR DISTRICT. 5. SUB INSPECTOR OF POLICE, SHO PENUGRANCHIPROLU, POLICE STATION PENUGRANCHIPROLU, NTR DISTRICT. 6. M NARASIMHA RAO, S/O. PEDDA ROSAIAH, AGED ABOUT 69 YEARS RESIDENT OF PENUGRANCHIPROLU VILLAGE AND MANDAL, KRISHNA DISTRICT 7. M PULLAMMA, W/O. NARASIMHA RAO, AGED ABOUT 59 YEARS RESIDENT OF PENUGRANCHIPROLU VILLAGE AND MANDAL, KRISHNA 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 pass orders to issue writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of 5th Respondent in interfering with civil dispute and with Petitioners tenancy rights in the Petitioner premises i.e.. M/s. Sri Lakshmi Tirupathamma Rice and Floor Mill, D. No. 1-163, Penugranchiprolu, Krishna District, by calling the 1st Petitioner and his wife to the 5th Respondent Police Station and by sending the Personnel of the 5th Respondent Police Station to the 2nd Petitioner M/s. Sri Lakshmi Tirupathamma Rice and Floor Mill, D. No. 1-163, Penugranchiprolu, Krishna District, thereby threatening the 1st Petitioner and his wife with dire consequences of forceful eviction from the said premises by using police force. without any lawful authority or jurisdiction, as illegal, arbitrary, highhanded, unconstitutional, unjustified and violative of Article-14, 19 and 21 of Constitution of India, besides being violative consistent net of judgments passed by the Honble Supreme Court of India and this Honble Court and consequently direct the 5th Respondent and the other official Respondents not to harass the 1st Petitioner and his wife by interfering in the subject civil dispute and not to threaten or intimidate him on this front, in the interest of justice and to 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 pass interim directing the 5th Respondent and his Personnel not to unnecessarily enter into the 2nd Petitioner Rice and Flour Mill i.e., M/s. Sri Lakshmi Tirupathamma Rice and Floor Mill, D. No. 1-163, Penugranchiprolu, Krishna District, and not to interfere with the civil dispute matter(tenancy dispute), pending between the unofficial Respondents 6 and 7 and the Petitioners, thereby direct the 5th Respondent not to hurl threats of forceful eviction from the 2nd Petitioner by using Police force, and to pass Counsel for the Petitioner(S): 1. ANIL KUMAR DASARI Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15624 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of 5th Respondent in interfering with civil dispute and with Petitioners tenancy rights in the Petitioner premises i.e.. M/s. Sri Lakshmi Tirupathamma Rice and Floor Mill, D. No. 1-163, Penugranchiprolu, Krishna District, by calling the 1st Petitioner and his wife to the 5th Respondent Police Station and by sending the Personnel of the 5th Respondent Police Station to the 2nd Petitioner M/s. Sri Lakshmi Tirupathamma Rice and Floor Mill, D. No. 1-163, Penugranchiprolu, Krishna District, thereby threatening the 1st Petitioner and his wife with dire consequences of forceful eviction from the said premises by using police force. without any lawful authority or jurisdiction, as illegal, arbitrary, highhanded, unconstitutional, unjustified and violative of Article-14, 19 and 21 of Constitution of India, besides being violative consistent net of judgments passed by the Honble Supreme Court of India and this Honble Court and consequently direct the 5th Respondent and the other official Respondents not to harass the 1st Petitioner and his wife by interfering in the subject civil dispute and not to threaten or intimidate him on this front, in the interest of justice and to pass.…” 2. None represented for the petitioners. 3. Learned Assistant Government Pleader for Home, on written instructions would submit that based on the complaint given by respondent No.6, the petitioner was called to the police station for preliminary enquiry. He would further submit that the police are not interfering in the civil disputes between the petitioners and the unofficial respondents. 4. Recording the above said submission, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the petitioners and the unofficial respondents, 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.15624 of 2024 Dated.30.12.2025 TVN 277