Agadappa vs. The State Of Andhra Pradesh

Held

The Court considered the submissions made by both parties. The learned Assistant Government Pleader for Home, on written instructions, stated that the matter appears to be purely civil in nature, with no criminal aspect warranting police interference, and that the police station had not initiated any inquiry, investigation, or taken any coercive steps against the petitioner. The petitioner's counsel requested the court to pass appropriate orders. Consequently, the Court disposed of the Writ Petition. The police were directed not to interfere with the civil disputes pending between the parties. No order as to costs was made. The ratio decidendi is that police authorities should not interfere in matters that are purely civil and are already under adjudication by civil courts.

Facts

The petitioner, Agadappa, filed a writ petition seeking a declaration that the action of Respondent No. 4 (Circle Inspector of Police) in interfering with civil disputes between him and the 5th respondent (Chittana Giriyappa) was illegal and without jurisdiction. The dispute pertains to suit scheduled properties in O.S.No.98 of 2016, pending before the Junior Civil Judge, Madakasira. The petitioner prayed for a direction to the respondents not to interfere in these civil matters. The respondents included the State of Andhra Pradesh, Superintendent of Police, Subdivisional Police Officer, and the Circle Inspector of Police. The matter was heard by the High Court of Andhra Pradesh.

Key Issues

1. Whether the action of the Circle Inspector of Police in interfering with the civil disputes between the petitioner and the 5th respondent, concerning suit scheduled properties in O.S.No.98 of 2016, is illegal, arbitrary, and without jurisdiction, warranting a Writ of Mandamus? Petitioner's Contention: The petitioner argued that the police were interfering in a matter that is purely civil in nature and is already sub-judice before a civil court, thus exceeding their jurisdiction. Revenue/State's Contention: The learned Assistant Government Pleader for Home, based on written instructions, submitted that the matter is purely civil, no criminal aspect is involved, and the police have not initiated any inquiry, investigation, or taken any coercive steps against the petitioner, implying no interference is occurring.