ALFA INFORAPROP PRIVATE LIMITED v. THE STATE OF ANDHRA PRADESH
WP/9472/2020 · 2025-09-02
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12943 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12943 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010153572020
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between:
1. ALFA INFORAPROP PRIVATE LIMITED, D.No.17 Narayana Murthy Nagar, Parvathipuram, Vizianagaram by its Senior Manager (Administration), Rameshkumar Yandamuri S/o Raghava Rao, Aged about 58
1. THE STATE OF ANDHRA PRADESH, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Rep. by its Principal Secretary. 2. The Superintendent of Police, Vizianagaram District, Andhra Pradesh. 3. The Assistant Superintendent of Police, Parvathipuram, Vizianagaram District, Andhra Pradesh. 4. The Circle Inspector of Police, Parvathipuram, Vizianagaram District. 5. The Station House Officer, Komarada Police Station, Komarada Mandal, Vizianagaram District. 6. The District Collector, Vizianagaram District, Andhra Pradesh. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9472 OF 2020
1. ALFA INFORAPROP PRIVATE LIMITED, D.No.17-183/5, Soundarya Narayana Murthy Nagar, Parvathipuram, Vizianagaram - 535 501, A.P., Rep. by its Senior Manager (Administration), Rameshkumar Yandamuri S/o Raghava Rao, Aged about 58 years. ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Rep. by its Principal
2. The Superintendent of Police, Vizianagaram District, Andhra Pradesh. stant Superintendent of Police, Parvathipuram, Vizianagaram
4. The Circle Inspector of Police, Parvathipuram, Vizianagaram District. 5. The Station House Officer, Komarada Police Station, Komarada Mandal, The District Collector, Vizianagaram District, Andhra Pradesh. IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 183/5, Soundarya 535 501, A.P., Rep. by its Senior Manager (Administration), Rameshkumar Yandamuri S/o ...Petitioner
1. THE STATE OF ANDHRA PRADESH, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Rep. by its Principal
2. The Superintendent of Police, Vizianagaram District, Andhra Pradesh. stant Superintendent of Police, Parvathipuram, Vizianagaram
4. The Circle Inspector of Police, Parvathipuram, Vizianagaram District. 5. The Station House Officer, Komarada Police Station, Komarada Mandal,
7. The Revenue Divisional Officer, , Parvathipuram Division, Vizianagaram District, Andhra Pradesh. 8. The Tahsildar, Komarada Mandal, Vizianagaram District, Andhra Pradesh.
...Respondents 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 pleased to issue a Writ of Mandamus, declaring the action of the Respondents herein, more particularly Respondents 2 to 5 herein, in not registering the Complaints made by the Petitioner herein dated 09.11.2019, 02.05.2020, 04.05.2020, 08.05.2020, 09.05.2020, 11.05.2020 and 18.05.2020 against certain persons of Kotipam, Kothavalasa and Lingannadoravalasa Villages of Komarada Mandal, Vizianagaram District, who had illegally and highhandedly encroaching upon, digging and transporting the gravel, Cutting the standing trees and transporting the cut trees and starting illegal cultivation on the lands of the Petitioner herein to a total extent of Ac.640.75 cents, forming part of Survey Nos.75 to 96, 102 to 106 of Sivaramapuram Village, Survey Nos.203 to 215, 217, 226 to 247, 265 to 281 of Komarada Village, Survey Nos.1 to 13, 15 to 41, 43 to 74 of Regulapadu Village, Survey Nos.50, 52 to 54, 57 to 74, 93, 95 to 97 of Pedakherjala Village and Survey Nos.131, 290 to 316, 320 to 342, 351 to 352, 360 to 373, 375, 398, 400 to 410, 437 to 440, 442, 444 of Kotipam Village, Komarada Mandal, Vizianagaram District, Andhra.
Pradesh, possession of which were handed over to the Petitioner consequent upon GOMs.No.466, dated 22.05.2010 in the year 2011 itself by the 7th Respondent herein, as illegal, arbitrary and contrary to the directions issued by the Hon'ble Supreme Court of India in Lalitha Kumari's Case (Reported in 2014 (2) SCC page 1) and Consequently direct the Respondents herein to forthwith register FIRs basing upon the Complaints made by the Petitioner herein dated 09.11.2019, 02.05.2020, 04.05.2020, 08.05.2020, 09.05.2020, 11.05.2020 and 18.05.2020 and investigate into it and take immediate further action and to pass
IA NO: 1 OF 2020 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 Direct the Respondents 2 to 5 herein to register FIRs basing upon the Complaints made by the Petitioner herein dated 09.11.2019, 02.05.2020, 04.05.2020, 08.05.2020, 09.05.2020, 11.05.2020 and 18.05.2020, investigate into it and take immediate further action, pending disposal of the above Writ Petition and pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case. IA NO: 2 OF 2020 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 To direct the; Respondents herein to initiate immediate necessary action against the persons named in the complaints made by the Petitioner herein dated 09.11 2019, 02.05.2020, 04.05.2020, 08.05.2020, 09.05.2020, 11.05.2020 and 18.05.2020 for illegally cutting the Teak and other valuable trees, excavating and transportisng gravel frosm the land to a total extent of Ac. 640.75 cents in pursuance of GOMS. No. 466, dated 22.05.2010, pending disposal of the above writ petition and to pass.
IA NO: 3 OF 2020 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 direct the Respondents herein to intiate immediate necessary action against the persons named in the Complaints made by the Petitioner herein dated 09-11-2019,02-05-2020,04-05-2020,08-05-2020,09-05-2020,11- 05-2020 and 18-05-2020 for illegally cutting the Teak and other valuable trees,excavating and transporting gravel from the land to a total extent of AC.640.75 cents in pursuance of GOMs,No.466 dated 22-05-2010,pending disposal of the above writ petition and to pass
IA NO: 4 OF 2020 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 take up WP 9472 of 2020 along with WP No. 23781 of 2018 as
directed by this Honourable court on 19-08-2020 as most urgent manner and to pass. Counsel for the Petitioner: CHALASANI AJAY KUMAR Counsel for the Respondents: GP FOR HOME
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9472 OF 2020
ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a Writ of Mandamus, declaring the action of the Respondents herein, more particularly Respondents 2 to 5 herein, in not registering the Complaints made by the Petitioner herein dated 09.11.2019, 02.05.2020, 04.05.2020, 08.05.2020, 09.05.2020, 11.05.2020 and 18.05.2020 against certain persons of Kotipam, Kothavalasa and Lingannadoravalasa Villages of Komarada Mandal, Vizianagaram District, who had illegally and highhandedly encroaching upon, digging and transporting the gravel, Cutting the standing trees and transporting the cut trees and starting illegal cultivation on the lands of the Petitioner herein to a total extent of Ac.640.75 cents, forming part of Survey Nos.75 to 96, 102 to 106 of Sivaramapuram Village, Survey Nos.203 to 215, 217, 226 to 247, 265 to 281 of Komarada Village, Survey Nos.1 to 13, 15 to 41, 43 to 74 of Regulapadu Village, Survey Nos.50, 52 to 54, 57 to 74, 93, 95 to 97 of Pedakherjala Village and Survey Nos.131, 290 to 316, 320 to 342, 351 to 352, 360 to 373, 375, 398, 400 to 410, 437 to 440, 442, 444 of Kotipam Village, Komarada Mandal, Vizianagaram District, Andhra. Pradesh, possession of which were handed over to the Petitioner consequent upon GOMs.No.466, dated 22.05.2010 in the year 2011 itself by the 7th Respondent herein, as illegal, arbitrary and contrary to the directions issued by the Hon'ble Supreme Court of India in Lalitha Kumari's Case (Reported in 2014 (2) SCC page 1) and Consequently direct the Respondents herein to forthwith register FIRs basing upon the Complaints made by the Petitioner herein dated 09.11.2019, 02.05.2020, 04.05.2020, 08.05.2020, 09.05.2020, 11.05.2020 and 18.05.2020 and investigate into it and take immediate further action and to pass..”
2. Heard Sri Chalasani Ajay Kumar, learned counsel for the petitioner and Sri Md. Farooq, learned Assistant Government Pleader for Home.
3. When the matter is taken up for hearing, learned Assistant Government Pleader for Home would submit that since the matter is of civil in nature, crime is not registered on the representation dated 09.11.2019, 02.05.2020, 04.05.2020, 08.05.2020, 09.05.2020, 11.05.2020 and 18.05.2020 of the petitioner.
4.
Learned Counsel for the petitioner would submit that recording the same, the petition may be disposed of, giving liberty to the petitioner to pursue the matter before appropriate forum.
5. Recording the same, the Writ Petition is disposed of. However, the petitioner is at liberty to recourse their remedies according to law before the appropriate forum. No order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 03.09.2025 KKV
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 9472 OF 2020
Date: 03.09.2025 KKV