APHC010143132019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 6378/2019 Between: 1. POOSAPATI SUBBA RAJU, S/O.SATYARIARAYANA RAJU, AGED 64 YEARS, R/O .D .NO .55-14-152/3 , FLAT NO.GF-2, KSHATRIYA ENCLAVE, APSEB COLONY, SEETHAMMADHARA, VISAKHAPATNAM, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY - HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. STATION HOUSE OFFICER, P.M. PALEM POLICE STATION, VISAKHAPATNAM DISTRICT. 3. FEROZ SHAIK S/O LATE ABDUL AZEEM, AGED MAJOR, OCC-LABOUR, RIO. D.NO-17-3-12, BARA IMAM PANJA STREET, GUNTUR CITY, GUNTUR DISTRICT, A.P. ...RESPONDENT(S): Counsel for the Petitioner: 1. V CH NAIDU Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 2 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.6378 OF 2019 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “….to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 2nd respondent in not registering the complaint dated 28.5.2018 given by the petitioner against the 3rd respondent herein alleging that the 3rd respondent is trying to trespass into the petitioners property to the extent of Ac.0.66 Cents in Sy.No.68/2A, Paradeshipalem, Village, Visakhapatnam, Visakhapatnam District as illegal, arbitrary and contrary to Sec.154 Cr.P.C. and pass such other order or orders as may deem fit and proper in the circumstances of the case and to pass…” 2. Sri V.CH.Naidu, learned counsel for the writ petitioner is in attendance. 3. Learned Assistant Government Pleader for Home on written instructions would submit that police received a report dated 28.05.2018 through speed post, and police made an entry in General Diary, and made preliminary enquiry, which reveals that the dispute is of civil in nature and to that effect, a notice was communicated to the petitioner on 04.07.2019 advising him to approach the competent Court of law for necessary redressal. 4. In the light of submissions made by the learned Assistant Government Pleader for Home, this Court of the considered opinion that the matter can be disposed of at the stage of admission, without going into merits of the case, observing that the petitioner is at liberty to approach concerned Magistrate for necessary redressal in the light 3 of judgment of the Hon’ble Apex Court in the case of M.Subramaniam and Another, Appellants Vs. S.Janaki and Another, Respondents 1. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 04.08.2025 Pmk 1 2020 SCC Online SC 341 4 11 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:6378 OF 2019 Date: 04.08.2025 Pmk