Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 373 (AP)

S CHENCHU KIRAN KUMAR v. THE STATE OF ANDHRA PRADESH

WP/8557/2026 · 2026-04-07

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010170532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 8557/2026 Between: 1. S CHENCHU KIRAN KUMAR, S/O. S. CHENCHU KRISHNAMA NAIDU, AGED ABOUT 51 YEARS R/O. 1-7, THANGELLAPALEM VILLAGE, BHAVANISANKARAPURAM POST, THOTTAMBEDU SUB DISTRICT, TIRUPATI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT-522238 2. THE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT-517503 3. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT-517501 4. THE STATION HOUSE OFFICER S H O, SRIKALAHASTHI II TOWN POLICE STATION, SRIKALAHASTHI, TIRUPATI DISTRICT-517644 5. THE SUB INSPECTOR, SRIKALAHASTHI II TOWN POLICE STATION SRIKALAHASTHI, TIRUPATI DISTRICT-517644 6. DURGA PRASAD JAGARLAMUDI, S/O. NOT KNOWN TO THE PETITIONER, R/0. HOUSE NO. 7-1-638/643/L/108, POOJITHA ESTATES, MODEL COLONY, SANATH NAGAR, HYDERABAD, TELANGANA - 500038 7. VASUDEV JAGARLAMUDI, S/O. DURGA PRASAD .JAGARLAMUDI, 2 Dr.YLR, J W.P.No.8557 of 2026 Dated 08.04.2026 R/O. HOUSE NO. 7-1-638/643/L/108, POOJITHA ESTATES, MODEL COLONY, SANATH NAGAR, HYDERABAD, TELANGANA - 500038 8. SATHYANARAYANA VINOD KUMAR, S/O. RAMAIAH SATYANARAYANA, R/O. 468, 13TH A CROSS, VYALIKAVAL, MALLESWARAM, BENGALURU, KARNATAKA - 560003 9. SATHYANARAYANA BHARATH KUMAR, S/O. RAMAIAH SATYANARAYANA, R/O. 468, 13TH A CROSS, VYALIKAVAL, MALLESWARAM, BENGALURU, KARNATAKA - 560003 10. NISHA PARIKH, D/O. JYOTIN PARIKH, R/O. HOUSE NO. 1-8- 265/294/A/302, UMA TOWERS PG ROAD, SINDHI TEMPLE, SECUNDERABAD, HYDERABAD - 500003 ...RESPONDENT(S): Counsel for the Petitioner: 1. KANDERI CHETHAN Counsel for the Respondent(S): 1. GP FOR HOME 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 in the nature of the writ of MANDAMUS declaring the action of the Respondents more particularly Respondent No 4 and 5 in interfering with the civil disputes between Petitioner and Respondent No 6 to 10 in respect of the property admeasuring an extent of 555 55 square yards situated in Sy No 24/4 of Thottambedu Village Thottambedu Mandal Tirupati District as illegal arbitrary without jurisdiction besides violating Petitioners rights guaranteed under Article 14 21 and 300A of the Constitution of India and consequently direct the Respondent No 4 and 5 not to interfere in civil disputes between Petitioner and Respondent No 6 to 10 in respect of the property admeasuring an extent of 555 55 square yards situated in Sy No 24/4 of Thottambedu Village Thottambedu Mandal Tirupati District and pass such order(s).” 3 Dr.YLR, J W.P.No.8557 of 2026 Dated 08.04.2026 2. Heard the learned Counsel for the Petitioner and the learned Assistant Government Pleader for Home. 3. Sri Kanderi Chethan, learned counsel for the Petitioner, submits that the respondent police are interfering in the civil dispute between the Petitioner and Respondent Nos. 6 to 10 in respect of certain property in O.S. No. 16 of 2026 on the file of the learned Civil Judge (Senior Division), Srikalahasthi. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that, based on the complaint lodged by Respondent No. 7, a case in Crime No. 42 of 2026 was registered for the alleged offences punishable under Sections 318(2), 314, 316(2), 303(2), 323, 308(2), 324(4), 329(2) and 351(3) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, “the BNS”), and that notices were issued to the persons concerned in accordance with law. 5. It is an undisputed fact that a civil suit in O.S. No. 16 of 2026 is pending between the Petitioner and Respondent Nos. 6 to 10, and an interlocutory application in I.A. No. 332 of 2026 was also filed seeking grant of temporary injunction restraining the respondents therein from interfering with the peaceful possession and enjoyment of the schedule property. The learned Trial Court, by order dated 30.03.2026, granted an ad-interim injunction restraining the respondents therein from interfering with the peaceful possession and enjoyment of the schedule property of the Petitioner. 4 Dr.YLR, J W.P.No.8557 of 2026 Dated 08.04.2026 6. Considering the entire facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, directing Respondent Nos. 4 and 5 not to interfere hereafter in the civil dispute between the Petitioner and Respondent Nos. 6 to 10 in respect of O.S.No.16 of 2026, without following due process of law. 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: 08.04.2026 KMS 5 Dr.YLR, J W.P.No.8557 of 2026 Dated 08.04.2026 98 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Writ PETITION No.8557 of 2026 Date: 08.04.2026 KMS