Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 12527 (AP)

D BASAVARAJU v. THE STATE OF ANDHRA PRADESH

WP/26262/2026 · 2026-10-06

Sunitha Gandham

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010473962026 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: 26262/2026 Between: 1. D BASAVARAJU, S/O. DHIBBANNA, AGED ABOUT 45 YEARS, OCC - AGRICULTURE, R/O. D. NO. 1-39, NIDRAGATTA VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT.-515281- 2. SUNEELA,, W/O. BASAVARAJU, AGED ABOUT 42 YEARS, OCC-- AGRICULTURE, R/O. D. NO. 1-39A, NIDRAGATTA VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT.-515281-. 3. JEEVAN,, S/O. BASAVARAJU, AGED ABOUT 38 YEARS, OCC - AGRICULTURE, R/O. D. NO. 1-39, NIDRAGATTA VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT. .-515281 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, (HOME DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.-522238- 2. THE SUPERINTENDENT OF POLICE, PUTTAPARTHY SRI SATYA SAI DISTRICT.-515134- 3. THE STATION HOUSE OFFICER, AMARAPURAM POLICE STATION, SRI SATYA SAI DISTRICT.-515281 4. SMT LAKSHMI DEVI LAKSHMI DEVAMMA, S/O. DHIBBANNA, AGED ABOUT 65 YEARS, OCC - AGRICULTURE, R/O. D. NO. 1-38, NIDRAGATTA VILLAGE, AMARAPURAM MANDAL, SRI SATYA SAI DISTRICT. .-515281- ...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 a writ, order or direction more particularly one in the nature of 2 writ of mandamus declaring the action of the 3rd respondent in interfering with the civil disputes pending between the petitioners and the 4 th respondent and further threatening the petitioners not to enter in the land being an extent of Ac 0.45 cents in Sy. No. 256-1A situated at Nidragatta Revenue Village, Amarapuram Mandal, Sri Satya Sai District is as illegal, arbitrary, violation of Art. 14, 21 and 300A of the Constitution of India and contrary to the interim injunction granted in IA No. 443/2022 in OS No. 234/2022 on the file of the Junior Civil Judge, Madakasira consequently direct the 3rd respondent not to interfere in respect of the above said land of the petitioners 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 3rd respondent not to cause any obstructions to the petitioners while doing agricultural activities in agricultural land being an extent of Ac 0.45 cents in Sy. No. 256-1A situated at Nidragatta Revenue Village, Amarapuram Mandal, Sri Satya Sai District, pending disposal of the main writ petitio Counsel for the Petitioner(S): 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HON’BLE SMT. JUSTICE SUNITHA GANDHAM WRIT PETITION No: 26262 OF 2026 ORDER: This petition is filed by the petitioners to direct respondent No.3/Police not to interfere in respect of the land in an extent of Ac.0.45 cents situated in Sy.No.256-1A of Nidragatta Revenue Village, Amarapuram Mandal, Sri Satya Sai District. 2. As per the version of learned counsel for the petitioners, petitioners are absolute owners of the aforementioned land, without there being any right, respondent No.4 is trying to grab their property and she filed a suit in O.S.No.234 of 2022 on the file of the Junior Civil Judge, Madakasira, in respect of other extent of land situated in the same survey number seeking perpetual injunction and the same is pending. Under the guise of the said suit, respondent No.4 had approached the respondent No.3/police and at her instance, respondent No.3 has been harassing the petitioners to settle the civil disputes which are pending on the file of the Junior Civil Judge, Madakasira. Though there is no relation between the subject land and the scheduled property situated in O.S.No.234 of 2022, respondent No.3/police has been insisting the petitioners to settle the disputes between the petitioners and the respondent No.4. 3. Learned Assistant Government Pleader for Home filed written instructions of Sub-Inspector of Police, Ananthapuram, stating that civil disputes are pending between both the parties. They did not have any right in adjudicating the title, possession and boundaries of the subject property and they never interfere with the civil disputes of the petitioners and the respondent No.4. They have not received any representation, complaint or petition from the petitioners or from the respondent No.4 and they would not interfere in the civil disputes. 4 4. Heard Sri P.Narasimhulu, learned counsel for the petitioners and learned Assistant Government Pleader for Home. Perused the material available on record. 5. Admittedly, there are civil disputes between the petitioners and the respondent No.4 in respect of the subject land and to that effect, a civil suit in O.S.No.234 of 2022 is pending on the file of the Junior Civil Judge, Madakasira. 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. 6. Having considered the written submissions of the Sub-Inspector of Police coupled with the arguments of learned counsel for the petitioners as well as learned Assistant Government Pleader, this Court is of the considered view that this writ petition may be disposed of. 7. In the result, this Writ Petition is disposed of with a direction to respondent Nos.2 & 3 not to interfere with the civil disputes pending between the petitioners and respondent No.4, except in accordance with law, if any. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed. ________________________ SUNITHA GANDHAM, J Dt: 07.10.2026 Scs 5 49 THE HON’BLE SMT. JUSTICE SUNITHA GANDHAM WRIT PETITION No: 26262 OF 2026 Date: 07.10.2026 Scs