Nakka Sivaiah vs The State of Andhra Pradesh

APHC010185582023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9467/2023 Between: 1.

NAKKA SIVAIAH, S/O SUBBA RAO, AGED ABOUT 27 YEARS 2.

NAKKA SUBBARAO, S/O MAHA LAKSHMUDU, AGED ABOUT 60 YEARS 3.

NAKKA VENKAMMA, W/O SUBBARAO, AGED ABOUT 55 YEARS 4.

NAKKA KONDAYYA, S/O SUBBARAO, AGED ABOUT 30 YEARS 5.

NAKKA RAJESWARI, D/O SUBBARAO, AGED ABOUT 25 YEARS ALL THE PETITIONERS ARE RESIDENTS OF DOOR NO 23-1-14D, BRTS ROAD, SATYANARAYANA PURAM, VIJAYAWADA-520011 KRISHNA DISTRICT ...PETITIONER(S) AND 1.

THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2.

THE SUPERINTENDENT OF POLICE, ELURU, WEST GODAVARI DISTRICT 3.

STATION HOUSE OFFICER, AGIRIPALLI POLICE STATION, AGIRIPALLI, KRISHNA DISTRICT 4.

NAKKA VENKATESWARAMMA, D/O JALASUTHRAM NARASIMHA RAO, AGED ABOUT 27 YEARS, R/O DOOR NO 3-54, NEAR ANJANEYA TEMPLE, VADLAMANU VILLAGE, AGIRIPALLI MANDAL WEST GODAVARI DISTRICT.

2 ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS the action of the Official respondent in interfering with personal life and liberty of Petitioners herein in connection with marital disputes between the 1st Petitioner herein and 4th Respondent in violation of Art 14, 21 of the Constitution of India as arbitrary, illegal, and consequently direct the respondents 1 to 3 not to interfere with Petitioners life and liberty in any manner.

Counsel for the Petitioner(S): 1.

SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. ent(S): 1.

GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9467 of 2023 ORDER: 1.

This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS the action of the Official respondent in interfering with personal life and liberty of Petitioners herein in connection with marital disputes between the 1st Petitioner herein and 4th Respondent in violation of Art 14, 21 of the Constitution of India as arbitrary, illegal, and consequently direct the respondents 1 to 3 not to interfere with Petitioners life and liberty in any manner.” 2.

Heard SrI Sai Gangadhar Chamarty, learned counsel for petitioners and the learned Assistant Government Pleader for Home for respondents.

3.

Learned counsel for petitioner would submit that respondent No.3 is interfering with the personal life and liberty of the petitioners in connection with marital disputes between the 1st petitioner and 4th respondent.

4.

Learned Assistant Government Pleader for Home for respondents, on instructions, would submit that on the complaint made by respondent No.4, the petitioner was called to the police station for enquiry and since that is a matrimonial dispute, no crime was registered and that police never interfered with the family affairs of both the parties.

5.

Recording the same, the Writ Petition is disposed of.

However, directing the respondents not to interfere with the matrimonial disputes 4 between the petitioners and the 4th respondent, except under due process of law.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ____________________ Dr.

JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.01.2026 ARB/JAK 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 345 WRIT PETITION NO: 9467 of 2023 Date: 06.01.2026 ARB/JAK ARB/JAK