APHC010234702022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 14834/2022 Between: 1. MALLIBOINA VENKATESWARA RAO, S/O CHINAKOTAIAH, AGED ABOUT 64YRS, R/O EDARA VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRATARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DEPUTY GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, NUZVID, ELURU DISTRICT. 4. THE STATION HOUSE OFFICER, AGIRIPALLI POLICE STATION, AGIRIPALLI MANDAL, ELURU DISTRICT. 5. TADISETTY JALAMAIAH, S/O LATE VENKAIAH, AGED ABOUT 40 YRS, R/O DIGUVA BAZAR, EEDARA VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT. 6. TADISETTY VENKATESWARA RAO, S/O LATE MANGAIAH, AGED ABOUT 37YRS, R/O BESDIE GOVERNMENT MILK CENTRE, EEDARA VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT. 7. TADISETTY KOTAIAH, S/O LATE MANGAIAH, AGED ABOUT 57YRS, R/O SAGARLA BAZAR, EEDARA VILLAGE, AGIRIPALLI MANDAL, ELURU 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 to issue a writ or order or direction more particularly in the nature of Writ of Mandamus to declare the action of the Respondent No.4 in harassing the Petitioner and his family members SRK, J W.P.No.14834 of 2022 2 by Summoning the Petitioner to the Agiripalli Police Station and insisting for the settlement in Civil Case and threatening the Petitioner by blackmailing the petitioner to settle and already settled issue, and also direct the respondent No. 2 to 4 to provide police protection as there is a threat to the petitioners life from Respondents No. 5 to 7, which is guaranteed the right to life under article 21 of the Constitution of consequently, direct the Respondent No.4 not to harass the Petitioner by Summoning the Petitioner to the Agiripalli Police Station and not to involve in civil cases with regarding to any civil dispute or settlement between petitioner and Respondents No. 5 to 7 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 harass the Petitioner by Summoning the Petitioner to the Agiripalli Police Station and not to involve in civil cases with regarding to any civil dispute or settlement between petitioner and Respondents No. 5 to 7 and pass IA NO: 2 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 to investigate the FIR in Cr.No.80/2021 of Agiripalli Police Station and file charge sheet and pass Counsel for the Petitioner: 1. B ASHOK KUMAR Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: SRK, J W.P.No.14834 of 2022 3 O R D E R This Writ Petition was filed seeking the following relief: “…to issue a Writ or Order or direction more particularly in the nature of Writ of Mandamus to declare the action of respondent No.4 in harassing the petitioner and his family members by summoning to Agiripalli Police Station and insisting for settlement of civil case and threatening the petitioner by blackmailing to settle and also to direct the respondent Nos.2 to 4 to provide police protection as there is threat to the petitioner’s life from respondent Nos.5 to 7, and consequently, to direct the respondent No.4 not to harass the petitioner by summoning the petitioner to Agiripalli Police Station and not to involve in civil cases with regard to any civil dispute or settlement between the petitioner and respondent Nos.5 to 7 and pass such other order …” 2. It is the case of Writ Petitioner that he possesses agricultural land to an extent of Ac.0.67 cents in Survey No.235/4 situated in Edara village of Agiripalli Mandal and lives by doing agricultural works; that when he started fencing his land, respondent Nos.5 to 7 stopped the fencing work with an intention to occupy and threatened him to vacate the premises, and beat him with hands and legs. Again, on 20.11.2020, respondent Nos.5 to 7 attacked the daughter and grandchildren of the Writ Petitioner and sent them out of the subject land. Basing on a report lodged by the Writ Petitioner, a case in Crime No.80 of 2021 of Agiripalli Police Station was registered against the respondent Nos.5 to 7 for the offences punishable under Sections 447, 323, 506, 354, 509, 120B read with 34 of the Indian Penal Code, 1860, but no action was taken against them. The Writ SRK, J W.P.No.14834 of 2022 4 Petitioner got filed O.S.No.820 of 2020 on the file of the II Additional Junior Civil Judge’s Court, Nuzvid against the respondent Nos.5 to 7 seeking the relief of Permanent Injunction in respect of subject land. The said suit was decreed on 23.02.2022 granting Permanent Injunction in favour of Writ Petitioner. But, again on 22.04.2022 the respondent Nos.5 to 7 along with 4th respondent-Station House Officer, Agiripalli Police Station threatened the Writ Petitioner to vacate the subject premises. It is stated that the police are repeatedly making phone calls to the Writ Petitioner to come to Agiripalli Police Station and forcing him to compromise the civil case. It is the contention of Writ Petitioners that the matter pertains to civil dispute and there is apprehension that the respondent No.4-police, on the pretext of registering the case in Crime No.80 of 2021 of Agiripalli Police Station, are interfering in the civil dispute and forcing the Writ Petitioner to compromise the civil case. Hence, the Writ Petition. 3. When the matter is taken up for hearing, learned Government Pleader for Home, on written instructions submitted that the subject dispute between the parties is civil in nature, and in view of the same, police never interfered with the peaceful possession of the Writ Petitioner in respect of the subject land and never summoned the Writ Petitioner to Agiripalli Police Station to settle the civil dispute. SRK, J W.P.No.14834 of 2022 5 4. The said submission is placed on record. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. ___ __________ JUSTICE K. SREENIVASA REDDY 24th March, 2026. DNB