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2026 DAILYLAW 12075 (AP)

V.S. KARTHIKEYAN v. The State of Andhra Pradesh

WP/25649/2026 · 2026-10-06

Sunitha Gandham

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010464062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] WEDNESDAY, THE 7th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 25649/2026 Between: 1. V.S. KARTHIKEYAN, S/O LATE V SHANMUGA MUDALI AGED 64 YEARS OCC THE PRESIDENT OF SRI SUNDHARA VENKATESWARA SWAMY TEMPLE R/O MURAKAMBAT VILLAGE AND POST CHITTOOR DISTRICT A P PIN 517127 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT AP SECRETARIAT VELGAPUDI AMARAVATHI GUNTUR DISTRICT A P PIN 522238 2. THE DIRECTOR GENERAL OF POLICE, A P POLICE HEAD QUARTERS MANGALAGIRI GUNTUR DISTRICT A P PIN 522503 3. THE SUPERINTENDENT OF POLICE, CHITTOOR CITY AND DISTRICT A P PIN 517001 4. THE DISTRICT COLLECTOR, CHITTOOR CITY AND DISTRICT A P PIN 517001 5. THE STATION HOUSE OFFICER, CHITTOOR TALUK POLICE STATION MITTOOR CHITTOOR CITY AND DISTRICT A P PIN 517001 6. D SANDHYA, W/O D PUNDARIKATCHAN AGED 44 YEARS R/O D NO 2 742 3 SHANTHINAGAR COLONY KONGAREDDYPALLI CHITTOOR CITY AND DISTRICT A P PIN 517001 7. A SWAPNA, W/O K ANANDA KUMAR AGED 42 YEARS R/O D NO 2 2 SUN,J W.P.No.25649 of 2026 742 3 SHANTHINAGAR COLONY KONGAREDDYPALLI CHITTOOR CITY AND DISTRICT A P PIN 517001 ...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 toissue an order direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ declaring the action of the respondent no 5 in interfering into civil disputes calling the petitioner to police station and forcing the petitioner to settle the civil disputes with the respondents no 6 and 7 while the suit is pending between the petitioner and respondents no 6 and 7 before the Honble IV Additional Junior Civil Judge at Chittoor in O S No 267 of 2025 same is illegal arbitrary without authority in violation of Article 21 and 300A of the Constitution of India and contrary to the provisions of Criminal Procedure Code 1973 and consequently a direct the respondents no 5 not to interfere into civil disputes between the petitioner and respondents no 6 and 7 which is pending by way of suit in O S No 267 of 2025 on the file of the Honble IV Additional Junior Civil Judge at Chittoor and b direct the respondents no 2 and 3 to take action against the respondent no 5 for interfering into civil disputes and acting at the behest of the respondents no 6 and 7 IA NO: 1 OF 2026 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 direct the respondents no 5 not to interfere into civil disputes between the petitioner and respondents no 6 and 7 which is pending by way of suit in O S No 267 of 2025 on the file of the Honble IV Additional Junior Civil Judge at Chittoor and to follow guidelines issued by the Ministry of Home Affairs vide Letter No VI 24021 97 84 GPA 1 dated 4 7 1985 and 10 7 1985 pending disposal of the writ petition Counsel for the Petitioner: 1. SHAIK AFZAL MOHAMMED Counsel for the Respondent(S): 1. GP FOR HOME 3 SUN,J W.P.No.25649 of 2026 2. GP FOR REVENUE The Court made the following: 4 SUN,J W.P.No.25649 of 2026 THE HON’BLE SMT. JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 25649 OF 2026 ORDER: This writ petition is filed by the petitioner to direct the respondent No.5 not to interfere in the civil disputes in respect of the suit in O.S.No.267 of 2025 on the file of the learned IV Additional Civil Judge (Junior Division), Chittoor. 2. Case of the petitioner is that due to disputes between petitioner and respondent Nos.6 & 7, respondent Nos.6 & 7 filed suit in O.S.No.267 of 2025, seeking temporary injunction restraining the petitioner herein from property and the same is pending on the file of the learned IV Additional Civil Judge (Junior Division), Chittoor. Though there are civil disputes, respondent No.5 is frequently instructing the petitioner to settle the matter and also giving threats to the petitioner to yield their request so as to help the respondent Nos.6 and 7. Though the petitioner informed to the police that civil dispute is pending, they have been continuously harassing the petitioner. 3. Learned Assistant Government Pleader for Home filed written instructions stating that there are civil disputes among both the parties and basing on the report of the petitioner, a case in Crime No.32 of 2025 of the offences under Sections 329(3), 324 (4), 196(1) (a) r/w 3(5) of Bharatiya Nyaya Sanhita is registered and after completion of investigation, the same is referred as ‘false’ as no prima facie case is made out against the accused. Further, they never called the petitioner to the police station, never instructed to settle the matter and never involved in the civil disputes. 4. Heard Sri Shaik Afzal Mohammed, learned counsel for the petitioner, and Sri K. Mallikharjuna Rao, learned Assistant Government Pleader for Home. 5 SUN,J W.P.No.25649 of 2026 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 respondent Nos.6 & 7. 6. Learned Assistant Government Pleader for Home submitted that, the respondent police have neither called the petitioner to police station nor threatened him to settle the matter. 7. Admittedly, there are civil disputes between both the parties. Respondent Nos.6 & 7 filed suit in O.S.No.267 of 2025, seeking temporary injunction restraining the petitioner from the subject property and the same is pending on the file of the learned IV Additional Civil Judge (Junior Division), Chittoor. 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 respondent Nos.6 & 7. Having 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, 3 & 5 not to interfere with the civil disputes pending between the petitioner and the respondent Nos.6 & 7 except in accordance with law. It is made clear that this order shall not prevent the respondent 6 SUN,J W.P.No.25649 of 2026 police 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:07.10.2026 Vns