APHC010067652026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3874/2026 Between:

1. K V SUBRAMANYAM, S/O VENKATASWAMY, AGED ABOUT 73 YEARS, OCC ADVOCATE, R/O.2ND FLOOR,SOCIETY BUILDING, OPP M.N.M. PETROL BUNK, TIRUPATHI ROAD, PUTTUR. TIRUPATI DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY - HOME, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 522238

2. T HE SUPERINTENDENT OF POLICE, TIRUPATI DISTRICT.

TIRUPATI. TIRUPATI DISTRICT. 517501

3. T HE INSPECTOR OF POLICE, PUTTUR POLICE STATION, PUTTUR.TIRUPATI DISTRICT. 517501

4. T HE STATION HOUSE OFFICER, PUTTUR POLICE STATION, PUTTUR.TIRUPATI DISTRICT 517501

5. T HE THASILDAR CUM MANDAL EXECUTIVE MAGISTRATE, PUTTUR MANDAL, PUTTUR.TIRUPATI DISTRICT. 517501 ...RESPONDENT(S):

Counsel for the Petitioner:

1. DEVALARAJU ANIL KUMAR Counsel for the Respondent(S):

1. GP FOR HOME The Court made the following:

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 3874 OF 2026

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.3 to 5, interfering with civil disputes and interfering with the peaceful possession and enjoyment of the Petitioners and his family members with regard to their Property admeasuring total extent of Ac.13.60 Cents situated at Survey Nos.96/1,2,3,5,6,7,98/1,2,6,7,11,10,99/12,13,6,19, 100/1,2,6,7,12, 101/1, 101/2,5,7,8,9,10,11,12,13,14A and 102/3 of No.32-Nesanur Village Accounts, Puttur Mandal, Tirupati District, Andhra Pradesh and trying to dispossess the Petitioner and his family members from the subject properties by initiating Proceedings under Sec.164 BNSS (Sec.145 of Cr.P.C.) when the matter is seized before civil courts and also ignoring the Decree and Judgment dt.30.07.2024 passed in O.S.No.94 of 2013 on the file of Senior Civil Judge at Puttur and without considering the pendency of A.S.No.68 of 2024 on the file of III Addl. District Judge at Tirupati and pendency of O.S.No.48 of 2025 on the file of Principle Civil Judge (Junior Division) at Puttur, as illegal, arbitrary, violation of principles of natural justice and in violation of Articles 14, 21 and 300-A of the Constitution of India and Consequently direct the Respondent No.3 to 5 not to initiate any Proceedings under Sec.164 BNSS (Sec.145 of Cr.P.C.) nor interfere with civil disputes, including interfering with the peaceful possession and enjoyment of the Petitioner and his family members with regard to subject properties in any manner, in the interest of justice and to pass…”

2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home.

3. Sri Devalaraju Anil Kumar, learned counsel for the writ petitioner would submit that respondent Nos.3 to 5 are interfering in civil disputes relating to peaceful possession and enjoyment of the petitioner and his family members with regard to their property admeasuring an extent of Ac.13.60 cents situated at Survey Nos. 96/1, 2, 3, 5, 6, 7, 98/1, 2, 6, 7, 11, 10, 99/12, 13, 6, 19, 100/1, 2, 6, 7, 12, 101/1, 101/2, 5, 7, 8, 9, 10, 11, 12, 13, 14A and 102/3 of No.

32-Nesanur Village Accounts, Puttur Mandal, Tirupati District, and are trying to dispossess the Petitioner and his family members from the subject property by initiating Proceedings under Section 164 BNSS (corresponding to Section 145 of Cr.P.C.).

4. He would further submit that, though the matter is already pending before the Civil Courts, the authorities have ignored the Judgment and Decree dated 30.07.2024 in O.S.No.94 of 2013 on the file of the Senior Civil Judge, Puttur. They have also failed to consider the pending A.S.No.68 of 2024 before the III A