APHC010471352022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28695/2022 Between: 1. CHAPA HYMAVATHI, W/O. LATE BHUSHANA RAO AGED ABOUT 73- YEARS, OCC. HOUSEWIFE R/O.7-18, KURAKULA VEEDHI SANTHAKAVITI, SRIKAKULAM DISTRICT-532 123 2. CHAPA RAMBABU,, S/O. LATE BHUSHANA RAO AGED ABOUT 42 YEARS, OCC. FARMER R/O.7-18, KURAKULA VEEDHI SANTHAKAVITI, SRIKAKULAM DISTRICT-532 123 3. CHAPA JAGDEESHWAR RAO,, S/O. LATE BHUSHANA RAO AGED ABOUT 40 YEARS, OCC. PRIVATE EMPLOYEE R/O.7-18, KURAKULA VEEDHI SANTHAKAVITI, SRIKAKULAM DISTRICT-532 123. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP, BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, SANTHAKAVITI POLICE STATION VIZIANAGARAM DISTRICT 4. THE TAHSILDAR, SANTHAKAVITI, VIZIANAGARAM 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 the nature of WRIT OF MANDAMUS i) By declaring the action of the Respondents 2 and 3 in interfering into the property dispute which is of purely a civil nature and further not to harass the Petitioners and only to proceed in accordance with the procedure prescribed by law ii) Direct the 4th respondent not to insist the petitioners for executing the bond under Section 106,107 and 110 (E) of Crpc. iii) to set-aside the notice dated 12.08.2022 in Rc.No.329/2022 issued by the 4th respondent as illegal and arbitrary ivy and pass Counsel for the Petitioner(S): 1. M SRIKANTH Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioners for the following relief: < ... to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS i) By declaring the action of the Respondents 2 and 3 in interfering into the property dispute which is of purely a civil nature and further not to harass the Petitioners and only to proceed in accordance with the procedure prescribed by law ii) Direct the 4th respondent not to insist the petitioners for executing the bond under Sections 106, 107 and 110 (E) of Cr.P.C. iii) to set-aside the notice dated 12.08.2022 in Rc.No.329/2022 issued by the 4th respondent as illegal and arbitrary ivy and pass ...= Heard learned counsel for the Petitioners 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 based on the complaint given by one Chapa Tirupathi Rao on 17.07.2022, a case in crime No.70 of 2022 is registered against the Petitioner No.2 and others for the offence punishable under Sections 451, 427 read with 34 IPC. There are civil disputes pending between the Petitioner No.2 and his brother. Respondent Police did not interfere in the civil disputes. Learned Assistant Government Pleader would submit that appropriate orders may be passed by disposing of this Writ Petition. Learned counsel for the Petitioners would submit that recording the said submission, this Writ Petition may be disposed of. Considering the submissions made, this Writ Petition is disposed of. Respondent Police are directed not to interfere in the civil disputes between the 3 parties except under due process of law with regard to the subject matter. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 07.01.2026 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 28695 of 2022 07.01.2026 Mjl /*