Extracted from the PDF above. The PDF is authoritative.
APHC010301122024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15168/2024 Between:
1. GORLE ATCHAYAMMA, W/O LATE APPALA NAIDU, AGED 88 YEARS, R/O D.NO.12-13, GORLEVANIPALEM, SABBAVARAM, ANAKAPALLI DISTRICT. 2. GORLE UMA MAHESWARA RAO,, S/O LATE APPALA NAIDU, AGED 55 YEARS, R/O D.NO. 12-13 GORLEVANIPALEM, SABBAVARAM, ANAKAPALLI DISTRICT. 3. GORLE ATCHUM NAIDU, S/O LATE APPALA NAIDU, AGED 51 YEARS, D.NO.12-13
GORLEVANIPALEM, SABBAVARAM, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ANAKAPALLI DISTRICT. 3. THE STATION HOUSE OFFICER S H O, SABBAVARAM POLICE STATION, ANAKAPALLI DISTRICT. 4. GORLI KUMARA SWAMI, S/O SURIBABU, AGED 48 YEARS, GORLEVANIPALEM, SABBAVARAM ANAKAPALLI 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 topleased to issue a writ, order or direction more particularly one in the nature of the writ of MANDAMUS declaring the action of the Respondent No. 3 in interfering with the civil disputes between Petitioner and Respondent No. 4 in respect of the property admeasuring (i) an extent of Acres 2.87 cents in Survey No.277-3 and (ii) an extent of Acres 0.64 cents in Survey No. 276 of Sabbavaram Village and Mandal, Visakhapatnam District which are contiguous and further preventing the petitioner from raising a compound wall to secure their property admeasuring Acres 2.87 cents in Survey No.277-3 as illegal, arbitrary, without jurisdiction besides violating Petitioners rights guaranteed under Article 14, 21 and 300A of the Constitution of India and pass IA NO: 1 OF 2024 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 pleased to direct the 3rd Respondent not to interfere in civil disputes between petitioner and Respondent No. 4 in respect of the property admeasuring (i) an extent of Acres 2.87 cents in Survey No.277-3 and (ii) an extent of Acres 0.64 cents in Survey No. 276 of Sabbavaram Village and Mandal, Visakhapatnam District and pass Counsel for the Petitioner(S):
1. S.V.S.S.SIVA RAM Counsel for the Respondent(S):
1. GP FOR HOME
2.
NIMMAGADDA REVATHI The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15168/2024
ORDER:-
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…declaring the action of the Respondent No. 3 in interfering with the civil disputes between Petitioner and Respondent No. 4 in respect of the property admeasuring (i) an extent of Acres 2.87 cents in Survey No.277-3 and (ii) an extent of Acres 0.64 cents in Survey No. 276 of Sabbavaram Village and Mandal, Visakhapatnam District which are contiguous and further preventing the petitioner from raising a compound wall to secure their property admeasuring Acres 2.87 cents in Survey No.277-3 as illegal, arbitrary, without jurisdiction besides violating Petitioners rights guaranteed under Article 14, 21 and 300A of the Constitution of India and pass…”
2. Heard Sri S.V.S.S.Siva Ram, learned counsel for the petitioners and Sri P.Ajay Babu, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioners would submit that it is a case of interference of police in the civil disputes.
4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, would submit that based on the complaint lodged by the 3rd petitioner-Gorli Atchumnaidu, the 3rd respondent police registered a case in Crime No.159 of 2024 under Sections 447, 324, 427 and 506 read with Section 34 of the IPC against respondent No.4. He would further submit that on the very same date, the 4th respondent, Gorli Kumara Swamy, lodged a report against the petitioners, and a case in Crime No.160 of 2024 under
Sections 447, 324 and 506 read with Section 34 of the IPC was registered by Sabbavaram Police Station. He would further submit that the petitioners were called to the police station only for a preliminary enquiry in connection with the said cases. Except for the registration of the aforesaid crimes, the respondent police have neither threatened the petitioners nor interfered in the civil disputes between the parties
5.
Learned counsel for the petitioners would submit that, recording the same, the writ petition may be disposed of.
6. Recording the above said submissions, the Writ Petition is disposed of. However, the police are directed not to interfere in the civil disputes between the parties except under due process of law. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA 02.01.2026 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 15168/2024
Dated. 02.01.2026
KKV
143
HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO: WRIT PETITION NO: 15168/2024 PROCEEDING SHEET Sl. No. Date
ORDER OFFICE NOTE
2.
02.01.2026
Dr.VJP,J
The Writ Petition is disposed of.
(Vide separate order)
________ Dr.VJP, J KKV