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2026 DAILYLAW 2508 (AP)

MD KHAJA KABEER v. THE STATE OF ANDHRA PRADESH

WP/11634/2026 · 2026-05-04

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010213782026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11634/2026 Between: MD KHAJA KABEER, S/O ABDUL SHUKUR, AGED ABOUT 60 YEARS, R/O. D.NO.75-5-40, PRESIDENT STREET, BHAVANIPURAM, VIJAYAWADA-520012 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, -522238 REP BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER OF POLICE, NTR COMMISSIONERATE,VIJAYAWADA-520012 3. THE STATION HOUSE OFFICER, BHAVANI PURAM POLICE STATION BHAVANI PURAM, VIJAYAWADA-520012 4. SK KHADAR, S/O ALLAH BAKSHU AGED ABOUT 45 YEARS D. NO 75-5-26, PRESIDENT STREET, BHAVANIPURAM, VIJAYAWADA-12. ...RESPONDENT(S): Counsel for the Petitioner: B.SUDHAKAR KUMAR Counsel for the Respondent(S): GP FOR HOME 2 Dr. YLR, J W.P.No.11634 of 2026 Dated 05.05.2026 The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ Order or direction more particularly one like WRIT OF MANDAMUS declaring the action of Respondents 3 not to interfere with civil disputes between Petitioner and the respondents 4 in respect of the petitioners property D.No.75-5-27 in Bhavani Puram Vijayawada and also not to threatening the petitioner to settle the issue with Respondent No. 4 is illegal arbitrary unjust violation of fundamental rights guaranteed under Article 14, 21 300 A of Constitution of India and consequently direct the Respondent Nos. 1 and 2 to provide necessary police aid or protection the petitioner pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Mr. B. Sudakar Kumar, learned counsel for the petitioner, submits that respondent No.3 is interfering in the civil disputes pending between the petitioner and respondent No.4 in respect of the petitioner’s property bearing D.No.75-55-27, situated at Bhavanipuram, Vijayawada, and is also threatening the petitioner to settle the issue with respondent No.4. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the 4th respondent lodged a petition before the Commissioner of Police, NTR Commissionerate, through PGRS on 06.04.2026, which was forwarded to the Station House Officer, Bhavanipuram Police Station, for enquiry and necessary action. It is submitted that the respondent police called the petitioner for preliminary enquiry, but the 3 Dr. YLR, J W.P.No.11634 of 2026 Dated 05.05.2026 petitioner did not appear before the police station. Upon enquiry, it was revealed that the dispute between the petitioner and the 4th respondent is purely civil in nature. The learned Assistant Government Pleader further submits that the police do not interfere in civil disputes unless there is any specific direction from the competent Court, and both parties were advised to resolve the dispute before the competent civil Court. It is also submitted that the respondent police submitted a reply to the Commissioner of Police on 14.04.2026 and closed the petition, and that the petitioner was called only in connection with the PGRS petition filed by the 4th respondent. 5. Having regard to the entire facts and circumstances of the case, and recording the submissions made by the learned Assistant Government Pleader, this Writ Petition is disposed of directing the respondent police not to interfere in the civil disputes pending between the petitioner and the unofficial respondent, without following due process of law. 6. In the result, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.05.2026 RSI 4 Dr. YLR, J W.P.No.11634 of 2026 Dated 05.05.2026 288 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 11634 of 2026 Date: 05.05.2026 RSI