APHC010462312024 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: 23694/2024 Between: 1. CHADALAVADA KIRAN JYOTHI,, W/O. KOTESWARARAO, AGED 50 YEARS, R/O.D.NO.54-20/1-48, FLAT NO.102, RIDGE GRANDIER APARTMENT, ROAD NO.2, COMMERCIAL TAXES COLONY, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, VIJAYAWADA, N.T.R DISTRICT. 3. THE ASSISTANT COMMISSIONER OF POLICE, CENTRAL ZONE, VIJAYAWADA, NTR DISTRICT. 4. THE STATION HOUSE OFFICER, MACHAVARAM POLICE STATION VIJAYAWADA, N.T.R DISTRICT. 5. DEVINENI SESHAGIRI RAO, S/O. LATE NARASIMHA RAO, AGED 60 YEARS, OCC- BUSINESS, R/O. D.NO.29027-64, SURYANARAYANA STREET, SURYARAO PETA, VIJAYAWADA, NTR 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, order or direction, more particularly one in nature of Writ of Mandamus declaring the actions of the respondent police officials in interfering with the possession and enjoyment of the petitioners property in an extent of 174.388 Sq.Yds of house site surrounded with Gl Sheet fence situated in N.T.S No.804/2, 32/A1B, Block No.2 and 19, Revenue Ward No.9, 11, Badavalapeta, Stadium Road, Mogalrajapuram, Vijayawada NTR District and tried to demolish fencing with the help of JCB in the late night on 16.10.2024 at the instigation of the 6th respondent herein and taking law into the hands to settle the pending civil disputes between petitioner and the 5th respondent herein as illegal, arbitrary and contrary to the well-established legal principles apart being violative of the 2 fundamental rights guaranteed to us under Article 21 and Article300-A of the Constitution of India and pass Counsel for the Petitioner: 1. BALAJI MEDAMALLI Counsel for the Respondent(S): 1. GP FOR HOME 2. LAKSHMINARAYANA V 3 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, order or direction, more particularly one in nature of Writ of Mandamus declaring the actions of the respondent police officials in interfering with the possession and enjoyment of the petitioner‟s property in an extent of 174.388 Sq.Yds of house site surrounded with Gl Sheet fence situated in N.T.S No.804/2, 32/A1B, Block No.2 and 19, Revenue Ward No.9, 11, Badavalapeta, Stadium Road, Mogalrajapuram, Vijayawada NTR District and tried to demolish fencing with the help of JCB in the late night on 16.10.2024 at the instigation of the 6th respondent herein and taking law into the hands to settle the pending civil disputes between petitioner and the 5th respondent herein as illegal, arbitrary and contrary to the well-established legal principles apart being violative of the fundamental rights guaranteed to us under Article 21 and Article300-A of the Constitution of India 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 Police received a call from „100-call‟, and visited the scene, enquired into the matter and advised them to resolve the issue amicably before competent civil Court. Further, respondent Police did not receive any complaint from the Petitioner. Learned Assistant Government Pleader would submit that respondent Police never interfered in the civil disputes between the parties and requested to dispose of the Writ Petition by passing appropriate orders. Learned counsel for the Petitioner would submit that respondent recording the said submission, this Writ Petition may be disposed of by passing appropriate orders. 4 Recording 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 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 23694 of 2024 06.01.2026 Mjl /*