Extracted from the PDF above. The PDF is authoritative.
APHC010643882023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] WEDNESDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 33094/2023 Between:
1. PALLA RAMA KRISHNA, S/O.VENKANNA, AGED ABOUT 53 YEARS, OCC CULTIVATION, R/O.5-91, CHOPPELLA VILLAGE, ALAMURU MANDAL, DR.B.R.A.KONASEEMA DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRDESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE SUPERINTENDENT OF POLICE, DR.B.R.A.KONASEEMA DISTRICT, AT AMALAPURA
3. THE CIRCLE INSPECTOR OF POLICE, RAVULAPALEM, DR.B.R.A.KONASEEMA DISTRICT. 4. THE STATION HOUSE OFFICER, ALAMURU POLICE STATION, ALAMURU, DR.B.R.A.KONASEEMA DISTRICT. 5. THE DISTRICT COLLECTOR, DR.B.R.A.KONASEEMA DISTRICT, AT AMALAPURAM. 6. THE TAHSILDAR, ALAMURU MANDAL,
ALAMURU, DR.B.R.A.KONASEEMA DISTRICT. 7. PALLA MANGA DEVI, W/O.SIVANNARAYANA, AGED ABOUT 50 YEARS, R/O.CHOPPELLA VILLAGE,
ALAMURU MANDAL, DR.B.R.A.KONASEEMA DISTRICT. 2 SUN, J W.P.No.33094 of 2023
...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 be issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, directing the Respondents not to interfere with the civil rights of the Petitioner and shall not create any documents for the purpose of producing before the Civil Court in the suit pending between the Petitioner and the Respondent No.7, in respect to property an extent of Ac.2.02 cents covered by Sy.No.229/1 of Madiki Village, Alamuru
Mandal, Dr.B.R.A.Konaseema District, and to pass such IA NO: 1 OF 2023 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 may be pleased to direct the Respondents not to interfere with the civil rights of the Petitioner over the land an extent of Ac.2.02z cents covered by Sy.No.229/1 of Madiki Village, Alamuru Mandal, Dr.B.R.A.Konaseema District, pending disposal of the above writ petition, and to pass such 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 grant leave to the petitioner herein/Respondent No.6 in the Writ Petition No. 33094 of 2023 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner:
1. BOLLA VENKATA RAMA RAO Counsel for the Respondent(S):
1. GP FOR HOME
2. A S C BOSE
3.
GP FOR REVENUE The Court made the following:
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THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 33094/2023 ORDER:
This writ petition is filed to direct the respondent Nos.3 & 4 police not to interfere with the civil rights of the Petitioner and shall not create any documents for the purpose of producing before the Civil Court in the suit pending between the Petitioner and the Respondent No.7, in respect of property i.e, land in an extent of Ac.2.02 cents covered by Sy.No.229/1 of Madiki Village, Alamuru Mandal, Dr.B.R.A.Konaseema District. 2. Case of the petitioner is, he is the absolute owner and possessor of agricultural land to an extent of Ac.2.02 cents covered by Sy.No.229/1 of Madiki Village, Alamuru Mandal, Dr. B.R.A. Konaseema District. He acquired the said land to an extent of Ac.1.61 cents through the partition effected between him and his brother by name Palla Subrahmanyam and purchased Ac.0.41 cents vide registered sale deed dated 21.04.1999. He has been cultivating the said in an extent of Ac.2.02 cents. The revenue authorities mutated his name in the revenue records and issued Pattadar Pass Book in his favour. Respondent No.7 is making false complaints before the respondent authorities against the petitioner and trying to interfere with the possession and enjoyment of the petitioner over the subject land. The petitioner filed civil suit for permanent injunction vide O.S.No.273 of 2023 on the file of the Junior Civil Judge, Alamuru, East Godavari District against Respondent No.7 and the same is pending. 4 SUN, J W.P.No.33094 of 2023
Thereupon, Respondent Nos.3 & 4 continuously called the petitioner to the Police Station and threatened him to settle the civil disputes with Respondent No.7. Respondent No.6/Tahsildar, Alamuru, is also sending staff to the petitioner’s subject land and threatening the petitioner not to enter into his own lands. 3. Learned Assistant Government Pleader filed written instructions of respondent No.4 and in which, it is stated that having received report from the petitioner, respondent police called both the parties for preliminary enquiry and after due enquiry, it has come to light that there is a civil dispute between the petitioner and respondent No.7 in respect of the subject land and a civil suit is also pending.
It is further stated that as the matter is purely civil in nature, respondent police have neither interfered with the civil dispute nor restraining the petitioner to enter into the subject land. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 5. Admittedly, there are civil disputes between the petitioner and respondent No.7 in respect of the subject land. In this regard, it is to be mentioned that it is well settled that police cannot interfere in civil disputes and the Hon’ble Apex Court repeatedly held that when the dispute is purely of civil nature, jurisdiction under Article 226 of the Constitution cannot be exercised and further, when the dispute between two citizens is of civil nature and no crime is registered, police have no jurisdiction to interfere in the civil dispute. It is also settled that in the scheme of Constitution of India, duty to resolve civil
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dispute is entrusted to judiciary and police have no such power and involvement of police in a pending civil dispute or potential civil dispute between two citizens or two groups of citizens is not within the provisions of the police. 6. As per the version of the respondent police, they have neither interfered with the civil disputes nor restraining the petitioner to enter into the subject land. 7. Since respondent No.4 submitted written instructions stating that they are not interfering in the civil disputes which are pending between the petitioner and respondent No.7, this Court is of the considered view that this writ petition may be disposed of directing the respondents not to interfere with the civil disputes of the petitioner and respondent No.7. 8. In the result, this Writ Petition is disposed of with a direction to the respondent Nos.3 & 4 not to interfere with the civil disputes, if any, pending between the petitioner and respondent No.7. There shall be no order as to costs.
As a sequel there to, Miscellaneous petitions, if any pending, shall stand closed. _____________________ SUNITHA GANDHAM, J
Date: 03.09.2026 SSA/CJP
6 SUN, J W.P.No.33094 of 2023
09 THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM
WRIT PETITION NO: 33094/2023
Date:03.09.2026 SSA/CJP