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High Court of Andhra Pradesh · body

2026 DAILYLAW 2806 (AP)

Gorriparthi Venkata Subbaiah, v. The State of Andhra Pradesh,

WP/15315/2026 · 2026-06-10

A Hari Haranadha Sarma

Original Suitbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010290732026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] THURSDAY,THE ELEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 15315/2026 Between: 1. GORRIPARTHI VENKATA SUBBAIAH,, S/O. (LATE) U. VENKATESWARA RAO, HINDU, AGED ABOUT 65 YEARS, OCCUPATION AGRICULTURIST, R/O, PLOT NO. 14, ANURAGHA APARTMENTS, SRINAGAR COLONY, VIJAYAWADA, KRISHNA DISTRICT. 2. GORRIPARTHI KRISHNA KARTHIK,, S/OTGORRIPARTHI VENKATA SUBBAIAH, HINDU, AGED ABOUT 40 YEARS. OCCUPATION AGRICULTURIST, R/O. PLOT NO. 14, ANURAGHA APARTMENTS, SRINAGAR COLONY, VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI 522238 2. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT. 521001 3. THE STATION HOUSE OFFICER, BANDAR TALUK POLICE STATION, MACHILIPATNAM, KRISHNA DISTRICT. 521001 4. YESU BABU, CIRCLE INSPECTOR/ INSPECTOR, BANDAR TALUK POLICE STATION, MACHILIPATNAM, KRISHNA DISTRICT. 521001 5. K KRANTHI KUMAR, SUB-INSPECTOR, BANDAR TALUK POLICE 2 STATION, MACHILIPATNAM, KRISHNA DISTRICT.521001 ...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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos.3 to 5, their subordinates and persons acting under their instructions, in interfering with the civil dispute relating to the petition schedule property and V attempting to determine questions of possession and enjoyment thereof, despite the pendency of O.S. No.7 of 2021 on the file of the Court of the IX Additional District Judge, Machilipatnam and O.S. No.337 of 2025 on the file of the Court of the I Additional Junior Civil Judge, Machilipatnam, and in attempting to dispossess the petitioner and induct the private persons into the petition schedule property without any order of a competent civil court, as illegal, arbitrary, without jurisdiction, violative of Articles 14 21 and 300-A of the Constitution of India and contrary to the ettled principles governing police interference in civil disputes, and consequently, direct Respondent Nos.3 to 5 not to interfere with the petitioners peaceful possession and enjoyment of the petition schedule property except in accordance with due process of law, and to pass IA NO: 1 OF 2026 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 Pleased to direct respondent Nos 3 to 5 their subordinates, and personnel acting under their instuctions, not to interfere with the petitioners peaceful possession and enjoyment of the petition schedule property, not to dispossess the petitioner therefrom, and not to induct any private or other persons into the petition schedule property without due process of law and without any specific order passed by by a competent court, and pass such other order or orders as this honble court may deem fit and proper in the circumstances of the case pending disposal of the above writ petiton and to pass Counsel for the Petitioner(S): 1. P RAVIKANTH Counsel for the Respondent(S): 3 1. GP FOR HOME The Court made the following: 4 5 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 15315/2026 ORDER: This writ petition is filed by the petitioners complaining that the respondent Nos.3 to 5 are interfering with the civil dispute of the petitioners covered by O.S.No.7 of 2021 on the file of learned IX Additional District Judge, Krishna at Machilipatnam and O.S.No.337 of 2025 on the file of learned Junior Civil Judge, Machilipatnam and one of the opposite parties in O.S.No.7 of 2021, is making the police to interfere with the civil disputes and settle the same when the matter is pending before the civil Court. Therefore, they prayed for a Writ of Mandamus directing the respondent-police not to interfere. 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Home appearing for the respondent-police. 3. On written instructions, learned Assistant Government Pleader for Home submits that a case in Crime No.95 of 2026 on the file of Bandar Taluka Police Station is registered against the petitioners on the complaint made by one Karnatapu Jagannadh and the said case was also registered on the reference by learned IX Additional Judicial Magistrate of First Class, Special Mobile Court at Machilipatnam and the matter is under investigation in respect of the offences under Sections 323, 324(1), 329(3), 351(2) r/w 3(5) of BNS 6 and Section 175(3) of BNSS. Beyond the said criminal case, the police are not interfering with the civil disputes between the parties. 4. Recording the said representation and the written instructions making as part of the record, the Writ Petition is disposed of directing the respondent- police not to interfere with the civil disputes between the parties. However, this order will not come in the way of proceeding with the investigation and acting strictly in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________________ A. HARI HARANADHA SARMA, J Date: 11.06.2026 ARR 7 18 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 15315/2026 Date: 11.06.2026 ARR