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2026 DAILYLAW 25558 (AP)

Ala Saraswathi v. THE STATE OF ANDHRA PRADESH

WP/30143/2024 · 2026-02-26

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010575692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 30143/2024 Between: 1. ALA SARASWATHI,, W/O ALA SURIBABU, AGED 50 YEARS, OCC HOUSEWIFE, R/O DOOR NO. 16-6-165, REDDIKA STREET, GUJARATHIPETA, HAYATHINAGARAM, SRIKAKULAM CITY, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT. 3. INSPECTOR OF POLICE, ONE TOWN POLICE STATION, CIRCLE OFFICE NEAR OLD BUS STAND, SRIKAKULAM CITY, SRIKAKULAM DISTRICT. 4. STATION HOUSE OFFICER, ONE TOWN POLICE STATION, NEAR OLD BUS STAND, SRIKAKULAM CITY, SRIKAKULAM DISTRICT. 5. ALA SURIBABU, S/O LATE KRISHNA, AGED 55 YEARS, OC COOLIE, R/O DOOR NO.8-4, HAYATHINAGARAM, SRIKAKULAM CITY, SRIKAKULAM DISTRICT. ...RESPONDENT(S): 2 Dr. YLR, J W.P.No.30143 of 2024 Dated 27.02.2026 Counsel for the Petitioner: SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR HOME 2. K J V N PUNDAREEKAKSHUDU The Court made the following: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…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 declaring the action of Respondents 3 and 4 in interfering with civil disputes pending between the petitioner and the 5th respondent and insisting her to vacate and handover her residential house bearing Door No 16-6-165, admeasuring 23.055 square yards in T.S.No.170-3 situated in Hayathinagaram, Srikakulam Municipal Corporation Limits, Srikakulam City, Srikakulam District to the 5th respondent, which is plaint schedule property in O.S.No.128 of 2024 on the file of Learned Junior Civil Judge at Srikakulam, as illegal, arbitrary, without jurisdiction and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents 3 and 4 not to interfere in civil disputes pending between the petitioner and 5th respondent and not to interfere with her personal liberty and pass such….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader and also learned counsel for respondent No.5. 3. Sri A.Srinivas, learned counsel for the petitioner, the police have been unnecessarily calling the petitioner at the behest of respondent 3 Dr. YLR, J W.P.No.30143 of 2024 Dated 27.02.2026 No.5 and threatening him to settle the civil disputes with respondent No.5. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that Respondent No.5 lodged a complaint, which was registered as a case in Crime No.194 of 2024, and a charge sheet was filed before the learned Principal Civil Judge-cum-Judicial Magistrate of First Class (Junior Division), Srikakulam, and he has never interfered with the civil dispute between the Petitioner and Respondent No.5. 5. Mr. K.J.V.N. Pundareekakshudu, learned counsel for the respondent No.5 also reiterated the submissions of the learned Assistant Government Pleader. 6. Undisputedly, a civil suit is pending between the Petitioner and Respondent No.5 in O.S.No.128 of 2024, in which I.A.No.150 of 2024 was filed seeking grant of temporary injunction, and the said application was allowed. 7. The learned counsel for Respondent No.5 contends that the said order does not pertain to the property possessed and owned by Respondent No.5. 4 Dr. YLR, J W.P.No.30143 of 2024 Dated 27.02.2026 8. Be that as it may, when a civil suit is pending between the Petitioner and Respondent No.5 before a competent Civil Court, or when there is a dispute with regard to the property, the police are not supposed to interfere in the civil disputes any further. 9. Considering the facts and circumstances of the case and recording the submissions of the learned Assistant Government Pleader as well as the learned counsel for Respondent No.5, the Writ Petition is disposed of directing Respondent Nos.1 to 4 not to henceforth call the Petitioner at the behest of Respondent No.5 in connection with the civil dispute pending between the Petitioner and Respondent No.5, except in connection with Crime No.194 of 2024 or any other lawful proceedings, and not to interfere in the civil disputes between the parties. 10. Accordingly, 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: 27.02.2026 PBS 5 Dr. YLR, J W.P.No.30143 of 2024 Dated 27.02.2026 307 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 30143 of 2024 Date: 27.02.2026 PBS