Dr.Mootha Naveen Krishna v. The State of Andhra Pradesh,
WP/19193/2026 · 2026-07-15
Maheswara Rao Kuncheam
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5959 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5959 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010358082026
IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE 16 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19193/2026 Between:
1. DR.MOOTHA NAVEEN KRISHNA, S/O. GOPALA KRISHNA, AGED ABOUT 55 YEARS. RESIDING AT D.NO.68 VIDYUT NAGAR, KAKINADA. 533003
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, AMARAVATHI.52237
2. THE DIRECTOR GENERAL OF POLICE, AP POLICE HEAD QUARTERS, MANGALAGIRI, AMARAVATHI.522503
3. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, KAKINADA.533003
4. THE S H O, ONE TOWN POLICE STATION, K
5. P V N S MURTHY, S/O. RAMKUMAR, AGED ABOUT 52 YEARS, RESIDING AT D.NO.36
6. PYDAH SREE NAGARJUNA GUPTA, S/O. PYDAH VISWANADHA KUMAR, AGED ABOUT 37 YEARS, RESIDING AT D.NO.11 TOWERS, PRABHAKAR STREET, KAKINADA CITY.533503
7. NEMANI RAJASEKHAR, S/O. NOT KNOWN TO THE PETITIONER. RESIDENT OF VENKATNAGAR, KAKINADA.533503
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 16th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19193/2026 NAVEEN KRISHNA, S/O. GOPALA KRISHNA, AGED ABOUT 55 YEARS. RESIDING AT D.NO.68-9-52A, ROAD NO.1, VIDYUT NAGAR, KAKINADA. 533003 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, AMARAVATHI.52237 THE DIRECTOR GENERAL OF POLICE, AP POLICE HEAD QUARTERS, MANGALAGIRI, AMARAVATHI.522503 THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT,
THE S H O, ONE TOWN POLICE STATION, KAKINADA.533503 P V N S MURTHY, S/O. RAMKUMAR, AGED ABOUT 52 YEARS, RESIDING AT D.NO.36-8-36, TILAK STREET, KAKINADA.533503 PYDAH SREE NAGARJUNA GUPTA, S/O. PYDAH VISWANADHA KUMAR, AGED ABOUT 37 YEARS, RESIDING AT D.NO.11 PRABHAKAR STREET, KAKINADA CITY.533503 NEMANI RAJASEKHAR, S/O. NOT KNOWN TO THE PETITIONER. RESIDENT OF VENKATNAGAR, KAKINADA.533503 ...RESPONDENT(S):
IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM NAVEEN KRISHNA, S/O. GOPALA KRISHNA, AGED 52A, ROAD NO.1, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOME,
SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, AMARAVATHI.52237 THE DIRECTOR GENERAL OF POLICE, AP POLICE HEAD THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, AKINADA.533503 P V N S MURTHY, S/O. RAMKUMAR, AGED ABOUT 52 YEARS, 36, TILAK STREET, KAKINADA.533503 PYDAH SREE NAGARJUNA GUPTA, S/O. PYDAH VISWANADHA KUMAR, AGED ABOUT 37 YEARS, RESIDING AT D.NO.11-4-1, OM PRABHAKAR STREET, KAKINADA CITY.533503 NEMANI RAJASEKHAR, S/O. NOT KNOWN TO THE PETITIONER.
...RESPONDENT(S):
2 MRK,J W.P.No.19193 of 2026
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 more particularly in the form of Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner's private lands of the petitioner upto an extent of 642 Sq. yards vacant land and a shed in an extent of 1287 Sq. yards in T.S.No.l449 and 1450 in Assessmnet No.1060012411 and Door No.61-1-42 in Block No.61, Ward No.26, Main Road, Netaji Street, Jagannaickpur, Kakinada, Kakinada Municipal Corporation Limits, Kakinada Mandal, Kakinada Sub Registry, East Godavari District at the behest of the respondent Nos.5 to 7 utterly disregarding the nature of the dispute which is primarily Civil in Nature and the same being sub judice before the Hon'ble IV Additional District Judge, Kakinada vide O.S.No.83 OF 2024 and in threatening with dire consequences, arrest and implication in false cases is as per se illegal, arbitrary, against the principles of natural justice, without power of authority and opposed to the Articles 19,21 and 300A of the Constitution of India 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 to direct the respondents not to interfere with the petitioner’s peaceful possession and enjoyment of his private lands upto an extent of 642 Sq. yards vacant land and a shed in an extent of 1287 Sq. yards in T.S.No.l449 & 1450 in Assessmnet No.1060012411 and Door No.61-1-42 in Block No.61, Ward No.26, Main Road, Netaji Street, Jagannaickpur, Kakinada, Kakinada Municipal Corporation Limits, Kakinada Mandal, Kakinada Sub Registry, East Godavari District, pending disposal of the writ petition Counsel for the Petitioner:
1. VMR LEGAL Counsel for the Respondent(S):
1. GP FOR HOME
2.
BOLLA VENKATA RAMA RAO
3 MRK,J W.P.No.19193 of 2026
The Court made the following Order:
Instant Writ Petition has been filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue a writ more particularly in the form of Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners private lands of the petitioner upto an extent of 642 Sq. yards vacant land and a shed in an extent of 1287 Sq. yards in T.S.No.1449 and 1450 in Assessment No.1060012411 and Door No.61-1-42 in Block No.61, Ward No.26 Main Road, Netaji Street, Jagannaickpur, Kakinada, Kakinada Municipal Corporation Limits, Kakinada Mandal, Kakinada Sub-Registry, East Godavari District, at the behest of the respondent Nos.5 to 7 utterly disregarding the nature of the dispute which is primarily Civil in Nature and the same being sub judice before the Hon’ble IV Additional District Judge, Kakinada vide O.S.No.83 OF 2024 and in threatening with dire consequences, arrest and implication in false cases is as per se illegal, arbitrary, against the principles of natural justice without power of authority and to pass…..”
2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Home appearing on behalf of respondent Nos. 1 to 4, and Mr. Bolla Venkata Rama Rao, learned counsel appearing on behalf of respondent Nos. 5 to 7 on caveat. 3. Learned counsel for the petitioner submits that, at the instance of respondent Nos. 5 to 7, respondents-Police are interfering with the possessory rights of the petitioner, which is the subject matter of O.S.No.83 of 2024 on the file of the IV Additional District Judge, Kakinada, filed by the petitioner herein (plaintiff) seeking declaration of title and consequential permanent injunction. 4 MRK,J W.P.No.19193 of 2026
4. On the other hand, the learned Assistant Government Pleader for Home submits that respondents-Police are not interfering with the civil disputes in any manner. 5.
Conversely, learned counsel for respondent Nos.5 to 7 submits that multiple cases are pending between the petitioner and respondent Nos.5 to 7. It is also submitted that, in O.S.No.83 of 2024 filed by the petitioner, no interim orders have been granted by the competent Civil Court in favour of the petitioner. He further submits that, as on date, the petitioner is not in possession and enjoyment of the subject property. 6. It is a well-settled principle of law that the Police department has neither the jurisdiction nor the authority to adjudicate, interfere with, or resolve disputes that are purely civil in nature. 7. With the consent of the learned counsel appearing for both sides, the Writ Petition is disposed of directing respondents-Police not to interfere with the civil disputes of the petitioner without following due process of law. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J
Dated: 16.07.2026 MDP