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APHC010312662024
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: 15903/2024 Between:
1. MONGAM PRASAD, S/O LATE SADHU RAO, AGED ABOUT 50 YEARS, OCC CULTIVATION, R/O CHOWDUWADA VILLAGE AND PANCHAYATH, PUSAPATI REGA MANDAL, VIZIANAGARAM DISTRICT.
...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT.
2. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT, VIZIANAGARAM.
3. THE CIRCLE INSPECTOR OF POLICE, BOGAPURAM CIRCLE, VIZIANAGARAM DISTRICT.
4. THE STATION HOUSE OFFICER, PUSAPATI REGA MANDAL P.S., VIZIANAGARAM DISTRICT.
5. MONGAM GOVINDHA RAO, S/O LATE APPARAO, AGED ABOUT 69 YEARS,
R/O D.NO.302, DOCTORS QUARTERS,
IGITAM UNIVERSITY, RUSHIKONDA, VISAKHAPATNAM -530045
...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 topleased to issue a Writ order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondent Nos.2 to 4 to call the petitioners to the Police Station and ordered to sit in the Police Station hours together at the instance of unofficial respondent No.5 and also interfering in Civil disputes of the subject matter of the O.S. No.115 of 2023 on the file of the Senior Civil Judge Court, Viziangaram as illegal, arbitrary and in violation of articles without jurisdiction and also violating articles 14, 19 and 21 of constitution of India and also violation of law and
order and consequently direct the respondents 2 to 4 not to interfere with the peaceful Possession and enjoyment of the petitioner land in collusion with the unofficial respondent No.5 with regard to land to an extent of Ac. 0.95 cents in Sy.No.95, Chowdavada Village and Panchayath, Pusapati Rega Mandal, Viziangaram District in the interest of justice and 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 pleased to direct the respondent Nos. 2 to 4 not to interfere with the peaceful possession and enjoyment of the petitioners land in collusion with the unofficial respondent No.5 to an extent of Ac.0.95 cents in Sy.No.95, Chowdavada Village and Panchayath, Pusapati Rega Mandal, Viziangaram District pending disposal of the writ petition in the interest of justice and pass Counsel for the Petitioner:
1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15903 of 2024
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a Writ order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondent Nos.2 to 4 to call the petitioners to the Police Station and ordered to sit in the Police Station hours together at the instance of unofficial respondent No.5 and also interfering in Civil disputes of the subject matter of the O.S. No.115 of 2023 on the file of the Senior Civil Judge Court, Viziangaram as illegal, arbitrary and in violation of articles without jurisdiction and also violating articles 14, 19 and 21 of constitution of India and also violation of law and order and consequently direct the respondents 2 to 4 not to interfere with the peaceful Possession and enjoyment of the petitioner land in collusion with the unofficial respondent No.5 with regard to land to an extent of Ac. 0.95 cents in Sy.No.95, Chowdavada Village and Panchayath, Pusapati Rega Mandal, Viziangaram District in the interest of justice and pass.…”
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appeared for the respondents.
3.
Learned counsel for the petitioner would submit that police are interfering in the civil disputes between the petitioner and the unofficial respondent and calling the petitioner to the police station without there being registration of any crime.
4. Learned Assistant Government Pleader for Home, on written instructions would submit that based on the complaint given by respondent No.5, the petitioner was called to the police station for preliminary enquiry. He
would further submit that police are not interfering in the civil disputes between the petitioner and the unofficial respondent.
5.
Learned counsel for the petitioners would submit recording the same, the petition may be disposed of.
6. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the petitioner and unofficial respondent, 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.15903 of 2024
Dated.30.12.2025
TVN
276