APHC010066992022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 4362/2022 Between: 1. VADDE AMBI, S/O. LATE V. RAJA @ KARUPU SWAMY, AGED ABOUT 57 YEARS, OCC. CULTIVATOR, R/O. D.NO. 2/262-3, B.C. COLONY, H. MURAVANI VILLAGE, PEDDAKADABUR MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, KURNOOL DISTRICT, KURNOOL, 3. DEPUTY SUPERINTENDENT OF POLICE, ADONI, KURNOOL DISTRICT. 4. STATION HOUSE OFFICER, PEDDAKADAVURU POLICE STATION, PEDDAKADAVURU MANDAL, KURNOOL 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declaring the highhanded act of the Respondent No.4 in repeatedly insisting the Petitioner to appear before their authority by forcing the Petitioner to withdraw the Civil Case O.S.No. 121 of 2019 which is pending disposal before the Junior Civil Judge, Yemmiganur and forcing the Petitioner to vacate but which is constructed in the Petitioner land in Sy.No. 2 SUN, J W.P.No.4362 of 2022 679C/2 to an extent of Ac. 2.75 cents, is illegal, arbitrary and unjust and 14, 19, 21 and 300-A of Constitution of India and consequently direct the Respondent No.4 not to interfere in any manner in the civil dispute which is pending disposal before the Junior Civil Judge, Yemmiganur in O.S.No. 121 of 2019 thereby not to call the Petitioner to the police station by violating the Petitioner's personal liberty, and pass IA NO: 1 OF 2022 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 to direct the Respondent No.4 not to interfere in any manner in the civil dispute which is pending disposal before the Junior Civil Judge, Yemmiganur in O.S.No. 121 of 2019 thereby not to call the Petitioner to the police station by violating the Petitioner's personal liberty, and pass Counsel for the Petitioner: 1. B SURYANARAYANA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 SUN, J W.P.No.4362 of 2022 THE HON’BLE SMT. JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 4362 OF 2022 ORDER: This writ petition is filed by the petitioner to direct the respondents not to interfere in any manner in the civil disputes vide O.S.No.121 of 2019 which is pending before the Civil Judge (junior division), Yemmiganur and not to call the petitioner to the police station. 2. Case of the petitioner is thus: That he is the absolute owner of the land in an extent of Acs.2.75 cents in Sy.No.679C/2 of H. Muravani Village, Peddakadabur Mandal, Kurnool District and due to disputes with the adjoining land owners namely R. Dhanalakshmi and N. Chinna Swamy, he and one Sri V. Chandrsekhar filed suit in O.S.No.121 of 2019 seeking declaration and the same is pending on the file of the Civil Judge (junior division), Yemmiganur and they also obtained status-quo order in I.A.No.409 of 2019 and advocate commissioner is also appointed to note down the physical features of the subject land. During pendency of the said suit, respondent police has been threatening him to withdraw the said suit and registered a false case in crime No.84 of 2020 under Sections 447, 354, 324, 323, 509, 506 r/w 34 of the Indian Penal Code (hereinafter referred to as ‘the Code’) and directed the petitioner not to cultivate the land and presently, the Sub Inspector of Police i.e. respondent No.4 also harassing the petitioner not to cultivate the land. 3. Learned Assistant Government Pleader for Home filed written instructions stating that basing on the report of petitioner, a case in crime No.83 of 2019 is registered of the offences under Sections 447, 355, 324, 323, 509, 506 r/w 34 of the Code against R. Dhanalakshmi, Chinna Swamy and their associates and basing on the report of one R. Dhanalakshmi, who is none other than defendant No.1 in O.S.No.121 of 2019, another case in crime 4 SUN, J W.P.No.4362 of 2022 No.84 of 2019 is registered for the offences stated supra and further, neither the respondent No.3 nor the respondent No.4 insisted the petitioner to withdraw the proceedings or restrain the petitioner to cultivate the subject land and they won’t interfere in the civil disputes. 4. Heard Sri B. Suryanarayana, learned counsel for the petitioner and Sri K. Mallikharjuna Rao, learned Assistant Government Pleader for Home. 5. Learned counsel for the petitioner submitted that the writ petition may be disposed of by directing the respondent police not to interfere with the civil disputes between the petitioner and the said R. Dhanalakshmi. 6. Learned Assistant Government Pleader for Home submitted that, except on the basis of the report submitted by the said R. Dhanalakshmi, the respondent police have neither called the petitioner nor threatened him to withdraw the civil suit. 7. Admittedly, there are civil disputes between the petitioner and adjoining land owners namely R.Dhanalakshmi and N.Chinna Swamy in respect of the subject land. In this regard, it is to be mentioned that it is well settled that police cannot interfere in civil disputes and the Hon’ble Apex Court repeatedly held that when the dispute is purely of civil nature, jurisdiction under Article 226 of the Constitution cannot be exercised and further, when the dispute between two citizens is of civil nature and no crime is registered, police have no jurisdiction to interfere in the civil dispute. It is also settled that in the scheme of Constitution of India, duty to resolve civil dispute is entrusted to judiciary and police have no such power and involvement of police in a pending civil dispute or potential civil dispute between two citizens or two groups of citizens is not within the provisions of the police. 8. Learned Assistant Government Pleader submitted that the police would not interfere in the civil disputes pending between the petitioner and adjoining land owners namely R.Dhanalakshmi and N.Chinna Swamy. Having 5 SUN, J W.P.No.4362 of 2022 considered the undertaking given by the police that they won’t interfere in the civil disputes, except in accordance with law, this court is of the considered view that this writ petition may be disposed of. 9. In the result, this Writ Petition is disposed of with a direction to respondent Nos.2 to 4 not to interfere with the civil disputes pending between the petitioner and the said R. Dhanalakshmi and her husband except in accordance with law, that too, in the criminal cases or to use police machinery for compelling the petitioner to settle such disputes. It is made clear that this order shall not prevent the respondents from taking any action strictly in accordance with law if the facts and circumstances warrant such action. There shall be no order as to costs. As a sequel thereto, the pending miscellaneous petitions, if any, shall stand closed. ____________________ SUNITHA GANDHAM, J Dt:23.09.2026 Note: Issue C.C by 24.09.2026 B/o. Vns