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2026 DAILYLAW 2817 (AP)

A. Rizwan v. The State of Andhra Pradesh

WP/15148/2026 · 2026-06-03

A Hari Haranadha Sarma

body2026

Judgment text

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APHC010288722026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3520] THURSDAY,THE FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT PETITION NO: 15148/2026 Between: 1. A. RIZWAN, S/O ATA UR RAHMAN, AGED ABOUT 27 YEARS, OCC BUSINESS, R/O 3-196-A, OSMANIA COLLEGE ROAD, KURNOOL, KURNOOL DISTRICT. 2. SHAIK ATAUR RAHMAN, S/O ABDUL GANNI, AGED ABOUT 57 YEARS, OCC BUSINESS, R/O 3-196-A, OSMANIA COLLEGE ROAD, KURNOOL, KURNOOL DISTRICT. 3. SHAIK FIRDOUS FOUZIA, W/O A. RIZWAN, AGED ABOUT 27 YEARS, OCC HOUSEWIFE, H.NO. 90/3-65-1, BALAJI NAGAR, KURNOOL, KURNOOL DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.522238 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL.518502 THE SUPERINTENDENT OF POLICE, KURNOOL DISTRICT.5185023. 3. THE SUPERINTENDENT OF POLICE, , KURNOOL DISTRICT.518502 4. THE DEPUTY SUPERINTENDENT OF POLICE, ADONI SUB- DIVISION, KURNOOL DISTRICT. 518301 5. THE STATION HOUSE OFFICER, ADONI III TOWN POLICE STATION KURNOOL DISTRICT.518301 6. THE STATION HOUSE OFFICER, ADONI I TOWN POLICE STATION, KURNOOL DISTRICT.518301 7. THE DIRECTOR/COMMISSIONER, SCHOOL EDUCATION DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH. 522503 8. THE DISTRICT EDUCATIONAL OFFICER, KURNOOL DISTRICT, KURNOOL. 518502 9. THE MANDAL EDUCATIONAL OFFICER, ADONI MANDAL, KURNOOL DISTRICT.518301 10. SMT KAMMA DHANALAKSHMI, W/O K. BHIMESH, OCC GOVT. SCHOOL TEACHER, R/O D.NO. 2/157, SRIRAM NAGAR, ADONI TOWN, KURNOOL DISTRICT.518301 11. SRI K BHEEMESH, S/O NOT KNOWN, R/O D.NO. 2/157, SRIRAM NAGAR, ADONI TOWN, KURNOOL DISTRICT.518301 12. SRI V VENKATESWARA CHOWDARY, S/O NOT KNOWN, OCC ASST.SUB-LNSPECTOR OF POLICE ADONI III TOWN POLICE STATION, KURNOOL DISTRICT.518301 13. SRI RAMALINGAIAH, S/O NOT KNOWN, OCC CIRCLE INSPECTOR OF POLICE ADONI III TOWN POLICE STATION, KURNOOL DISTRICT. 518301 ...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 declaring the action of respondents No.5 and 6 in repeatedly summoning, threatening, coercing and harassing the petitioners at the instance of respondent No. 10 in connection with a private monetary dispute and compelling withdrawal of pending legal proceedings as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India and contrary to the law laid down in Arnesh Kumar V. State of Bihar and consequently direct the respondents not to interfere with the personal liberty of the petitioners and 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. 7 to 9 to consider the petitioners representation seeking departmental action against respondent No.10 in the light of FIR No.129 of 2026 registered on the file of Kurnool Taluk Police Station Kurnool district and take appropriate action in accordance with the applicable service rules governing Government teachers, within a period to be stipulated by this Hon'ble Court and pass IA NO: 2 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 the respondents not to harass, threaten illegally summon, coerce, compel settlement, demand money or insist upon withdrawal of pending proceedings by the petitioners except in accordance with due process of law and pass Counsel for the Petitioner(S): 1. GIRINDRA PRASAD B. Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR SCHOOL EDUCATION The Court made the following the order:- The Writ Petition has been filed for the following relief: “…pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents No 5 and 6 in repeatedly summoning threatening coercing and harassing the petitioners at the instance of respondent No 10 in connection with a private monetary dispute and compelling withdrawal of pending legal proceedings as illegal arbitrary violative of Articles 14 and 21 of the Constitution of India and contrary to the law laid down in Arnesh Kumar V State of Bihar and consequently direct the respondents not to interfere with the personal liberty of the petitioners and pass…” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. 3. The writ petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus, restraining the respondent Nos.5 and 6 from interfering in the civil dispute between the petitioners and the respondent No.10 4. Learned Assistant Government Pleader for Home, on the basis of written instructions, submits that the petitioners are Accused Nos.1 and 2 in Crime No.107 of 2025 on the file of Adoni III Town Police Station, registered for the offences punishable under Sections 336(3), 340(4), 318(4), 75(2), and 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. It is further submitted that the allegations raised by the petitioners that the respondents are interfering in the civil dispute are incorrect and, therefore, the writ petition is liable to be dismissed. 5. Considering the submissions made by the learned Assistant Government Pleader, insofar as the allegations raised against the petitioners in the aforesaid crime are concerned, the respondents/ police are directed to follow due process of law. 6. Accordingly, the Writ Petition is closed. The written instructions furnished by the respondents shall form part of the record. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending and the Interim order granted earlier, if any, shall stand closed. ____________________________ A. HARI HARANADHA SARMA, J Dated: 04.06.2026 JLSR 35 THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA W.p.No.15148 of 2026 Dated: 04.06.2026 JLSR