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2025 DAILYLAW 7622 (AP)

N.Mohana Rao v. The State of Andhra Pradesh,

WP/4204/2025 · 2025-02-19

B V L N Chakravarthi

body2025

Judgment text

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APHC010077222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 4204/2025 Between: 1. N.MOHANA RAO, S/O LATE NARAYANA AGE- 65 YEARS, OCC- AGRICULTURE R/O 77-85-1/50, BURNNA COLONY, PAYIKAPURAM, VIJAYAWADA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI GUNTUR DIST. 2. THE COMMISSIONER OF POLICE, NTR DIST., AT VIJAYAWADA 3. THE ASSISTANT COMMISSIONER OF POLICE, NTR DIST., AT VIJAYAWADA. 4. THE CIRCLE INSPECTOR POLICE, NUNNA P.S., NTR DIST. 5. THE STATION HOUSE OFFICER, NUNNA P.S, NTR DIST. 6. DEVINENI DHANUNJAYA, S/O.PEDDA KONDAYYA, R/0/D.N0.76-8/3-7/1A, 5TH FLOOR, GUDURU RESIDENCY, AMRUTHA APARTMENT ROAD, BHAVANIPURAM, N.T.R.DISTRICT – 12. 2 7. PONUGUPATI VENKATA CHINNA SUBBAIAH, S/O CHENCHAIAH, AGED ABOUT 66 YEARS, C/O DOLPHIN BAR ROAD, ADJ- DAIRY WALLS ICE CREAM SHOP BHAVANIPURAM VIJAYAWADA. ...RESPONDENT(S): Counsel for the Petitioner: 1. M M M SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO:4204 of 2025 O R D E R: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “…..to issue Writ or Direction preferably Writ of Mandamus, declaring the action of the 5th Respondent in insisting to settle the financial issue with the 6th respondent is illegal, arbitrary, and violative of Article 14 and 21 of the Constitution of India and consequently direct the Respondent no.5 not to harass and interfere with the petitioner in any manner and pass…..” 2. Heard Sri MM.M.Srinivasa Rao, learned counsel for the petitioner. 3. Learned Additional Government Pleader for Home on written instructions would submit that basing on the report presented by respondent No.6, police conducted preliminary enquiry, and their enquiry would reveal that it is a civil dispute. Therefore, police will not interfere in this matter. 4. The submissions of learned Additional Government Pleader are placed on record. 5. In the light of the submissions made by the learned Additional Government Pleader, this Court is of the considered opinion that the writ petition can be disposed of at the stage of 4 admission, without going into merits of the case, by observing that police shall follow due procedure established by law, if the impugned dispute is a civil dispute. 6. Accordingly, the Writ Petition is disposed of at the stage of admission. There shall be no order as to costs. As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed. ________________________ _____ JUSTICE B.V.L.N. CHAKRAVARTHI 19.02.2025 Pmk 5 13 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:4204 of 2025 Date:19.02.2025 Pmk