Gunduboyina Venkateswarlu v. The State of Andhra Pradesh,
WP/9386/2021 · 2025-09-16
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13755 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13755 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010166252021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9386/2021 Between:
1. GUNDUBOYINA VENKATESWARLU, S/O RAGHAVULU, AGED ABOUT 41 YEARS, OCC AGRICULTURE AND ADVOCATE R/O CHUTTI VILLAGE, BALAYAPALLI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, NELLORE, SPSR NELLORE DISTRICT
3. THE TAHSILDAR, BALAYAPALLI MANDAL, SPSR NELLORE DISTRICT. 4. THE STATION HOUSE OFFICER, BALAYAPALLI POLICE STATION, SPSR NELLORE DISTRICT. 5. GUNDUBOYINA PRASAD, S/O G. CHINNA VEERA RAGHAVAIAH AGED ABOUT 46 YEARS, OCC PRESS REPORTER, EENADU TELUGU DAILY NEWSPAPER, TILAK NAGAR GUDUR, SPSR NELLORE DISTRICT. ...RESPONDENT(S):
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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, declaring the inaction of the 4th respondent in taking action against tie 5th respondent in accordance with Law, inspite of the complaint of the 3rd respondent bearing Rc.No.B.419/2320 dt.18-11-2020, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent No.4 herein to forthwith act upon the complaint dt.18.11.2020 given by the 3rd respondent and take action against the 5th respondent as per Law, and to grant IA NO: 1 OF 2021 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 respondent No.4 herein to forthwith register the FIR against the 5th respondent pursuant to the complaint given by the 3rd respondent dt.18-11- 2020 bearing R.C. B419/2020, pending disposal of the main Writ Petition, and to pass IA NO: 1 OF 2023 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 be pleased to receive the counter affidavit copies on record by allowing the leave petition in the above Writ Petition in the interest of justice and pass Counsel for the Petitioner:
1. TENEPALLI NIRANJAN Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR REVENUE
3.
CH C KRISHNA REDDY
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9386 of 2021 ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 4th respondent in taking action against the 5th respondent in accordance with Law, inspite of the complaint of the 3rd respondent bearing Rc.No.B.419/2320 dt:18.11.2020, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent No.4 herein to forthwith act upon the complaint dt:18.11.2020 given by the 3rd respondent and take action against the 5th respondent as per Law, and to grant….”
2. Sri V. Farooq, learned Assistant Government Pleader for Home would submit that no crime has been registered on the complaint of the petitioner since, the subject matter is civil in nature. He would further submit that police are not interfering in the civil disputes between the petitioner and the unofficial respondent. 3. Sri T.Niranjan, learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4. Recording the above said submissions, the Writ Petition is disposed of. There shall be no order as to costs. However, the police are directed not to interfere in the civil disputes between the petitioner and the unofficial respondent. The petitioner is at liberty to recourse his remedies before the appropriate forum. 4
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.09.2025 SNI
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.9386 of 2021
Dated.17.09.2025
SNI
181