APHC010166752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 9786/2026 Between: K ANJANEYULU, S/O. SWAMIDASU, AGED ABOUT 55 YEARS OCC AGRICULTURE R/O. VIDHYA NAGAR, BADVEL TOWN AND MANDAL, Y.S.R KADAPA DISTRICT AND ANOTHER. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237 2. THE SUPERINTENDENT OF POLICE, KADAPA Y.S.R KADAPA DISTRICT. 516001 3. THE DEPUTY SUPERINTENDENT OF POLICE, MYDUKUR, Y.S.R KADAPA DISTRICT. 516172 4. THE CIRCLE INSPECTOR OF POLICE OF BADVEL URBAN POLICE STATION, BADVEL, YSR KADAPA DISTRICT.516227 5. THE SUBINSPECTOR OF POLICE, BADVEL URBAN POLICE STATION BADVEL, YSR KADAPA DISTRICT.516227 6. ASHOK, S/O. NOT KNOWN TO THE PETITIONER. AGED ABOUT 45 YEARS,R/O. NEAR RTC BUS-STAND, BADVEL TOWN AND MANDAL,Y.S.R KADAPA DISTRICT. 516227 2 Dr. YLR, J W.P.No.9786 of 2026 Dated 16.04.2026 7. N SIRISHA, W/O. ASHOK,AGED ABOUT 40 YEARS, R/O. NEAR RTC BUS-STAND, BADVEL TOWN AND MANDAL, Y.S.R KADAPA DISTRICT. 516227 ...RESPONDENT(S): Counsel for the Petitioner: V R REDDY KOVVURI Counsel for the Respondent(S): 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No 4 and 5 in interfering with our peaceful and enjoyment over the house bearing D No 721/4 Siddavatam Road Badvel Municipality Y S R Kadapa District at the behest of the respondents No 6 and 7 and also restraining us from entering into the said premises to the same by deploying a police constable as arbitrary illegal contrary to the wellestablished legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to me under Articles 14 19 21 and 300A of the Constitution of India and consequently direct the respondents No 4 and 5 not to interfere with our rights over the house bearing D No 721/4 Siddavatam Road Badvel Municipality Y S R Kadapa District and pass….” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader. 3. Sri V.R. Reddy Kovvuri, learned counsel for the petitioners, submits that respondent Nos.4 and 5 have been interfering with the peaceful possession and enjoyment of the petitioners’ house property at the behest of respondent Nos.6 and 7. He therefore requests this Court to pass appropriate orders 3 Dr. YLR, J W.P.No.9786 of 2026 Dated 16.04.2026 restraining respondent Nos.4 and 5 from interfering with the peaceful possession and enjoyment of the petitioners’ house property by deploying police personnel. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that respondent No.7 has lodged a complaint against the petitioners. Based on the said complaint, a case in Crime No.26 of 2026 of Badvel Urban Police Station was registered for the alleged offences punishable under Sections 329(3), 324(4), 115(2), 351(2), and 79 read with Section 3(5) of ‘the BNS’ on 24.02.2026, and the same is under investigation. It is further submitted that the petitioners have also lodged a PGRS complaint, pursuant to which a preliminary enquiry was initiated; however, the petitioners did not come forward to cooperate with the Investigating Officer for conducting the preliminary enquiry. It is contended that the police have no role or authority to interfere in civil disputes and cannot pass any oral directions directing the petitioners to vacate the house property. It is also submitted that the petitioners have not filed any civil suit against the unofficial respondents seeking the relief of injunction restraining them from interfering with the peaceful possession and enjoyment of the petitioners’ house property. 5. Be that as it may, the petitioners have an alternative efficacious remedy by filing a complaint before the learned jurisdictional Magistrate under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’. 4 Dr. YLR, J W.P.No.9786 of 2026 Dated 16.04.2026 6. Since all the alleged offences levelled against the Petitioners in Cr.No.26 of 2026 are punishable with imprisonment for less than seven (07) years, in the meanwhile, the Investigating Officer is directed to comply with the guidelines issued by the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1, and also with the provisions of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’). However, the petitioners are directed to cooperate with the Investigating Officer, and the Investigating Officer may proceed with the further investigation. 7. 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 the respondent Nos.4 and 5 not to interfere henceforth in the peaceful possession and enjoyment of the house property of the petitioners at the behest of respondent Nos.6 and 7 without following due process of law. 8. With the above observations and directions, 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: 16.04.2026 RSI 1 (2014) 8 SCC 273 5 Dr. YLR, J W.P.No.9786 of 2026 Dated 16.04.2026 135 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 9786 of 2026 Date: 16.04.2026 RSI