Extracted from the PDF above. The PDF is authoritative.
APHC010454962024
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: 23671/2024 Between:
1. TANARI SAKKUBAI, W/O. T. SURYANARAYANA (LATE), AGED ABOUT 75 YEARS, R/O. 29-7-41, VISHNU VARDAN RAO STREET, SURYARAOPET, VIJAYAWADA( URBAN),
BUCKINGHAMPET, VIJAYAWADA - 520002.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT BUILDING, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH.
2. THE COMMISSIONER OF POLICE, VIJAYAWADA, ANDHRA PRADESH.
3. THE VIJAYAWADA MUNICIPAL COMMISSION, REP. BY ITS COMMISSIONER.
4. THE STATION HOUSE OFFICER, SURYARAO PET P.S., VIJAYAWADA, ANDHRA PRADESH.
5. SHAIK AHAMAD ALI, CIRCLE INSPECTOR, SURYARAO PET POLICE STATION, VIJAYAWADA.
6. DR CV RAMANA RAO, S/O. NOT KNOWN D.NO.29-7-40, VISHNU VARDANA RAO STREET, SURYARAOPET VIJAYAWADA -11
...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 of Mandamus or any other appropriate writ, order or direction declaring the action of the Respondents, more particularly the Respondent Nos.4 and 5 herein in interfering repeatedly and take action against the 5th Respondent in misusing the power and demolishing the constructed wall in the subject land as being illegal, arbitrary and without jurisdiction, and in violation of Article 14, 19(l)(g), 21 and 300-A of the Constitution of India and Consequently, direct the Respondent Nos.4 and 5 not to interfere in the civil disputes between the Petitioners herein and Respondent No.3 and pass
Counsel for the Petitioner:
1. D VAMSI KRISHNA Counsel for the Respondent(S):
1. GP FOR HOME
2. S.V.S.S.SIVARAM SC For VMC
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The Court made the following:
ORDER:
This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: < ... to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the Respondents, more particularly the Respondent Nos.4 and 5 herein in interfering repeatedly and take action against the 5th Respondent in misusing the power and demolishing the constructed wall in the subject land as being illegal, arbitrary and without jurisdiction, and in violation of Article 14, 19(l)(g), 21 and 300-A of the Constitution of India and Consequently, direct the Respondent Nos.4 and 5 not to interfere in the civil disputes between the Petitioners herein and Respondent No.3 and pass ...=
Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record.
Learned Assistant Government Pleader on instructions would submit that respondent No.6 lodged a complaint against the son of the Petitioner herein. As per the contents of the Complaint, respondent Police called the Petitioner’s son for preliminary enquiry. During enquiry, it came to light that respondent No.3/Municipality, filed a suit in OS No.198 of 2020 against the Petitioner herein, which is pending for adjudication before the Court of Junior Civil Judge, Vijayawada with regard to the ownership of the subject property. The matter is purely civil in nature and respondent Police never interfered in the civil disputes between the parties. Learned Assistant Government Pleader would further submit that respondent No.5 never detained the petitioner in the police station and never told that her son will be arrested and a rowdy sheet will be opened
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against him and requested to dispose of the Writ Petition by passing appropriate orders.
Learned counsel for the Petitioner would submit that recording the said
submissions, this Writ Petition may be disposed of by passing appropriate orders.
Considering the submissions made, this Writ Petition is disposed of. Respondent Police are directed not to interfere in the civil disputes between the parties except under due process of law. No order as to costs. Pending applications, if any, shall stand closed.
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 06.01.2026
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Writ Petition No. 23671 of 2024
06.01.2026
Mjl /*