APHC010417672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21239/2024 Between: 1. SOMARAJU KUMAR SAI, S /O. S. SRINIVASA RAO, AGED 26 YEARS, OCC SOFTWARE EMPLOYEE, R/O. D.NO.8-51, NANDIVELUGU VILLAGE, TENALI MANDAL, GUNTUR DISTRICT. 2. SOMARAJU SRINIVASA RAO,, S/O. S. VENKATA SITARAMAIAH, AGED 51 YEARS, OCC BUSINESS, R/O. D.NO.8-51, NANDIVELUGU VILLAGE, TENALI MANDAL, GUNTUR DISTRICT. 3. SOMARAJU BALAVANI, W/O. S.SRINIVASA RAO AGED 46 YEARS, OCC EMPLOYEE, R/O. D.NO.8-51, NANDIVELUGU VILLAGE, TENALI MANDAL, GUNTUR DISTRICT. 4. SOMARAJU DURGA SRAVANI, D/O. S.SRINIVASA RAO AGED 21 YEARS, OCC GOVT. EMPLOYEE, R/O. D.NO.8-51, NANDIVELUGU VILLAGE, TENALI MANDAL, GUNTUR DISTRICT. 5. SOMARAJU VENKATA SITARAMAIAH, S/O. S.VENKATA NARASAIAH, AGED 78 YEARS, OCC DEPENDENTS, R/O. D.NO.8- 51, NANDIVELUGU VILLAGE, TENALI MANDAL, GUNTUR DISTRICT. 6. SOMARAJU HAIMAVATHI, W/O. S. VENKATA SITARAMAIAH, AGED 76 YEARS, OCC DEPENDENTS, R/O. D.NO.8-51, NANDIVELUGU VILLAGE, TENALI MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 2 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, STATE OF ANDHRA PRADESH, AP POLICE HEAD QUARTERS AT MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, ANAKAPALLI DISTRICT AT ANAKAPALLI, (ERSTWHILE VISAKHAPATNAM DISTRICT). 4. THE SUBDIVISIONAL POLICE OFFICER, ANAKAPALLI SUB- DIVISION, ANAKAPALLI, ANAKAPALLI DISTRICT, (ERSTWHILE VISAKHAPATNAM DISTRICT). 5. THE STATION HOUSE OFFICER, KASIMKOTA POLICE STATION, KASIMKOTA, ANAKAPALLI DISTRICT, (ERSTWHILE VISAKHAPATNAM DISTRICT). 6. SOMARAJU BUDDIREDDY SATHYA MADHU BHAVANA, W/O. SOMARAJU KUMAR SAI, D/O. BUDDIREDDY GANGAIAH, AGED ABOUT 24 YEARS, R/O. KOTHAPALLI VILLAGE, KASIMKOTA MANDAL, ANAKAPALLI DISTRICT. (ERSTWHILE VISAKHAPATNAM 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 to issue a writ or order or direction more particularly one in the nature of writ of mandamus. declaring the action of the respondents in summoning the petitioners to 5th Respondent Police Station without there being any proceedings or any criminal case pending against the petitioners and confiscating the original certificates of the 1st petitioner and further interfering in the civil disputes of the petitioners, without following the due process of law, as highly illegal, arbitrary, unconstitutional, unjust and violative of Article 14, 19 and 21 of the Constitution of India, Consequentially direct the respondents herein not to summon the petitioners to the 5th Respondent Police Station without following the due process of law and further not to interfere in the civil disputes of the petitioners and also to handover the original certificates of the 1st petitioner. 3 Counsel for the Petitioner(S): 1. KONDEPUDI DWARAKA RAMESH Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21239 of 2024 ORDER: 1. This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ or order or direction more particularly one in the nature of writ of mandamus. declaring the action of the respondents in summoning the petitioners to 5th Respondent Police Station without there being any proceedings or any criminal case pending against the petitioners and confiscating the original certificates of the 1st petitioner and further interfering in the civil disputes of the petitioners, without following the due process of law, as highly illegal, arbitrary, unconstitutional, unjust and violative of Article 14, 19 and 21 of the Constitution of India, Consequentially direct the respondents herein not to summon the petitioners to the 5th Respondent Police Station without following the due process of law and further not to interfere in the civil disputes of the petitioners and also to handover the original certificates of the 1st petitioner.” 2. Heard Sri Kondepudi Dwaraka Ramesh, learned counsel for petitioners and the learned Assistant Government Pleader for Home for respondents. 3. Learned counsel for petitioners would submit that the respondents are summoning the petitioners to the 5th respondent police station without there being any proceedings or any criminal case pending against the petitioners. Learned counsel for the petitioners would further 5 submit that the police are interfering in the civil dispute and also confiscated the original certificates of the 1st petitioner. 4. Learned Assistant Government Pleader for Home, for respondents, on instructions, would submit that the police called the petitioner on the complaint made by respondent No.6 and only for the purpose of preliminary enquiry police called the petitioners. It is further submitted that police never interfered with the civil disputes between both the parties. 5. Recording the same, the Writ Petition is disposed of. However, police are directed not to interfere in the civil dispute between both the parties, except under due process of law. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.01.2026 ARB/JAK 6 350 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 21239 of 2024 Date: 06.01.2026 ARB/JAK