APHC010534582024 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: 27632/2024 Between: 1. KOMMU ESWARA RAO,, S/O LATE KOMMU SURYANARAYANA, AGED 48 YEARS, OCC- AGRICULTURE, R/O S.C. COLONY, MARRIVALASA VILLAGE, K. KOTAPADU MANDAL, ANAKAPALLI DISTRICT - 535183. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ANAKAPALLI DISTRICT, ANAKAPALLI. 3. THE DEPUTY SUPERINTENDENT OF POLICE, L AND O ANAKAPALLI, ANKAPALLI DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, K. KOTAPADUPOLICE STATION, K. KOTAPADU MANDAL, ANAKAPALLI DISTRICT. 5. THE STATION HOUSE OFFICER, KODURU POLICE STATION, KODUR VILLAGE, K. KOTAPADU MANDAL, ANAKAPALLI DISTRICT. 6. EEDI KALAVATHI, W/O. (LATE) VAMANRAO, AGED. 50 YEARS, R/O D.NO. 29-13-33, FLAT NO. 104, SHAKTI HEIGHTS, LALITHA COLONY, DABA GARDENS, VISAKHAPATNAM DISTRICT - 530020. 7. EEDI SANJEEV ANAND, S/O. (LATE) VAMANA RAO R/O D. NO. 29- 13-33, FLAT NO. 104, SHAKTI HEIGHTS, LALITHA COLONY, DABA GARDENS, VISAKHAPATNAM DISTRICT - 530020. ...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 tot may be pleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the Respondent No.5 in interfering with Civil dispute pertaining to land of an extent of Ac.2.16 cents in Sy.No.106/3, Katha No, 200, situated in Madhurawada Revenue Village, Visakhapatnam Rural Mandal, Visakhapatnam District even O.S. No.372/2023 on the file fo the Principle Junior Civil Judge Court, Bheemunipatnam and Revision Petition No.646 of 2024 vide R.P. No.13/2024 on the file fo the Joint Collector, Visakhapatnam is pending, is illegal, arbitrary and violation of articles 14, 19(1), 21 and 300-A of the Constitution of India and without following due process of Law in the interest of justice 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 may be pleased to direct the respondent Nos.2 to 5, particularly the respondent not to interfere with the Civil disputes pertaining to land of an extent of Ac.2.16 cents in sy.No.106/3 situated in Madhurawada Revenue Village, Visakhapatnam Rural Mandal, Visakhapatnam District pending disposal of the Writ Petition and to to pass Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27632/2024 ORDER:- This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the Respondent No.5 in interfering with Civil dispute pertaining to land of an extent of Ac.2.16 cents in Sy.No.106/3, Katha No, 200, situated in Madhurawada Revenue Village, Visakhapatnam Rural Mandal, Visakhapatnam District even O.S. No.372/2023 on the file fo the Principle Junior Civil Judge Court, Bheemunipatnam and Revision Petition No.646 of 2024 vide R.P. No.13/2024 on the file fo the Joint Collector, Visakhapatnam is pending, is illegal, arbitrary and violation of articles 14, 19(1), 21 and 300-A of the Constitution of India and without following due process of Law in the interest of justice and pass…” 2. Heard Sri Bonu Rama Shankar Rao, learned counsel for the petitioner and Sri P.Ajay Babu, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner 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 Eedi Kalavathi -6th respondent, the petitioner was called to the police station for preliminary enquiry, After conducting a preliminary enquiry, the police found that the subject matter is purely civil in nature and therefore no crime has been registered against the petitioner. He would further submit that the police are not interfering in the civil disputes between the parties. 5. Learned counsel for the petitioner would submit that the court may pass appropriate orders. 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: 27632/2024 Dated. 02.01.2026 KKV 90 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO: WRIT PETITION NO: 27632/2024 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