Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 2031 (AP)

SRI SANKURU SIVA KRISHNA v. THE STATE OF ANDHRA PRADESH

WP/12439/2026 · 2026-05-07

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010236122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12439/2026 Between: 1. SRI SANKURU SIVA KRISHNA, S/O. VEERA BABU, AGED ABOUT 40 YEARS, OCC BUSINESS, R/O. D NO. 19-15-317/176,11/7, PRASANTHI NAGAR, IPD COLONY, SANGADI GUNTA, GUNTUR DISTRICT, AP-522003 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH-522237. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT -522501. 3. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, ANDHRA PRADESH-522001. 4. THE STATION HOUSE OFFICER, LALA PETA POLICE STATION, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH-522003. 5. MAMIDIPAKA HARI PRASAD, AGED ABOUT 58 YEARS, R/O. DOOR NO. 11-4-148, NEAR TTD KALYANA MANDAPAM, IPD COLONY, SANGADI GUNTA, GUNTUR DISTRICT, AP-522003 2 ...RESPONDENT(S): Counsel for the Petitioner: 1. GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue an appropriate Writ, Order, or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 4th Respondent in interfering with the civil disputes between the petitioner and the Respondent No. 5 and restraining the petitioner to enter into petitioner godown existed in Sy.No. 1169/C to an extent of 555 1/2 Square Yards situated in IPD Colony, Sangadi Gunta, Guntur District is illegal, arbitrary and without following the procedure established by law and in violation of Articles 14, 19, 21 and 300-Aof the Constitution of India and consequently, direct the 4th Respondent not to interfere in the civil dispute pending between the Petitioner and the 5th Respondent in respect of the subject property, except in accordance with due process of law, and not to obstruct the Petitioner's peaceful possession and enjoyment till appropriate adjudication by a competent Civil Court…” 2. Heard the learned counsel for Petitioner and learned Assistant Government Pleader. 3. Mr. Gajjala Mallikarjuna Reddy, learned counsel for the Petitioner, submits that Respondent No.4 is interfering in the civil disputes between the Petitioner and Respondent No.5, and is restraining the Petitioner from entering his godown. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that Respondent No.4 has only acted upon complaints 3 received and conducted a preliminary enquiry, without detaining the Petitioner at any point. Both parties were called to the Police Station, where they attempted but failed to settle the matter amicably. The enquiry revealed that the dispute is civil in nature and non‑cognizable, and accordingly, permission has been sought from the competent Court to register a case under Sections 329(4) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’), which is presently awaited. 5. Having regard to the facts and circumstances of the case, and upon recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of directing the Respondent Police not to interfere henceforth in the civil dispute between the Petitioner and Respondent No.5, without following the due process of law. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 08.05.2026 PRA 4 262 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12439 of 2026 Date: 08.05.2026 PRA