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2025 DAILYLAW 17651 (AP)

ASHIS KUMAR BAGCHI v. THE STATE OF ANDHRA PRADESH

WP/13072/2025 · 2025-06-15

Harinath N

body2025

Judgment text

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4- APHC010241672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13072 OF 2025 Between: Ashis Kumar Bagchi, Rep by his Special Power of Attorney, P.Poliraju, S/o. P.Appalanaidu, Aged,35years D. 12-26-7/1 ,Seetharamnagar, Gajuwaka, Visakhapatnam District ...PETITIONER AND 1. The State of Andhra Pradesh, by its Principal Secretary, Home Department, A.P. Secretariat office, Velagapudi, Amaravati, Guntur District. 2. The Asst Commissioner of Police, Gajuwaka, Visakhapatnam District 3. The Station House Officer, Duwada Police Station, Visakhapatnam District. 4. The Asst Engineer, APEPDCL, Aganampudi, Visakhapatnam. 5. Rajani Kameshwari, W/o. Rajani Pydiraju, aged 43 years,R/o. D.No.7- 111/5/2, Duwada, Sector-1, Gajuwaka Mandal, Viskhapatnam. 6. Rajani Pydiraju, S/o. Not known, aged 45 years, R/o. D.No.7-111/5/2, Duwada, Sector-1, Gajuwaka Mandal, Visakhapatnam. 7. Viyyapu Venkatarmana, S/o. Somayya, Aged 60 years, R/o. near Pragati Public School, Duwada , Sector-1, Gajuwaka mandala,Visakhapatnam . 8. Viyyapu Sagar, S/o.Venkatarmana, Aged 35 years, R/o. near Pragati Public School, Duwada , Sector-1, Gajuwaka mandala,Visakhapatnam . 9. Viyyapu Lakshmi, D/o. Venkatarmana , Aged 35 years, R/o. near Pragati Public School, Duwada Sector-1, Gajuwaka mandalam,Visakhapatnam ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue an order or direction nature of Writ of Mandamus the High Court may be or writ, more particularly one in the declaring the inaction of the respondents 2,3.4 and 21.4.2025 and not considering representations dated 6.3.2025, respectively and not taking action against the encroaching the petitioner schedule 17.4.2025 respondents 5 to 10, property and not disconnecting the current meter obtained by the respondent 5,6 with fake document towards petitioner schedule the property of Plot no. 5 of extent 511 sqyds in Sy.NO.101 and 140 in Satyadeva Nagar Housing coiony, Duwada village, Gajuwaka highly arbitrary, illegal, null and void and justice and violation of Articles as against the principles of natural 21 and 300-A of the Constitution of India and respondents authorities 2,3 to register FIR against to 10 and direct consequently to direct the the respondents 5 respondent 4 to disconnect the PI , container placed in the petitioner schedule Plot no..5 Of extent 511 sg ds in Sy.NO.101 and140 in Satyadeva nagar Housing colony. Duwada village, Gajuwaka. Duwada village, Gajuwaka. ® current meter connected to the property jA NO: 1 OF 2091; Petition under Section 151 CPC praying that in the circumstances stated .n the affidavit filed in support o, the petition, the High Court consequently direct the respondents authorities respondents 5 to 10 and direct may be pleased to 2,3 to register FIR against the respondent 4 to disconnect the connected to the container placed in the petitioner schedule no..5 of extent 511 current meter property Plot in Satyadeva nagar Housing sq ds in Sy.No.101 &140 i colony. Duwada village Gajuwaka. ‘■V ’ Counsel for the Petitioner: SRI K. S. NAGENDRA VARA PRASAD Counsel for the Respondent Nos.1 to 3: GP FOR HOME Counsel for the Respondent No.4: SRI V.V.SATISH, SC FOR APEPDCL Counsel for the Respondent Nos.5 to 10:— The Court made the following: ORDER 1 HN, J W.P.No.l3072_2025 APHC010241672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13079/7091; Between: Ashis Kumar Bagchi ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. K S NAGENDRA VARA PRASAD Counsel for the Respondent(S): 1.GPFOR HOME ...RESPONDENT(S) \ I hn, j W.P.No.l3072_2025 The Court made the following Order; 1- Heard. 2. The learned counsel for the petitioner submits are not acting on the 21.04.2025 and 17.04.2025. that the respondent Nos.2, representations dated 3 and 4 06.03.2025 3. The learned Assistant submits Government Pleader petitioner’s appearing for the Home dated that the 21.04.2025 and 17.04. the law. representations 2025 will be considered by the 06.03.2025, respondents, as per 4. Considering the facts to disposed off the Writ Petition the respondent Nos.2 ^ • "i s' dated 06.03.2025, •and as per the and circumstances of the case, this Court is inclined at the stage of admission itseif, directing and 3 to consider the petitioner’S representations accordance with law under Section 173(3) of 2023, (for short, 'BNSS”). 21.04.2025 and 17.04.2025, in procedure contemplated Bharatiya Nagarik Suraksha Sanhita. the As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1 The Prmotpa, sacreta^, Home Department AP. Secretariat office, Veiagapudi, Amaravati ^ Th A o„missionerofPo,ice,Gafuwa.a, ' 3. The Station House Officer, Ouwada District. State of Andhra Pradesh, Guntur District. Visakhapatnam District Police Station, Visakhapatnam 4. The Asst Engineer, 5. One CC to Sri APEPDCL, Aganampudi, K. S. Nagendra Vara Visakhapatnam. Prasad, Advocate fOPUCI Satish, sc for V.V. Satish fOPUCJ High Court of A.P. 6. One CC to Sri V.V Two CC 's to GP for Home, 8- Three CD Copies. at Amaravati[OUTJ ssb A"' HIGH COURT DATED:16/06/2025 ANDf^ I D 1 AUG 20?*) ^ . Current Section . ^ ORDER WP No.13072 of 2025 % m *»/ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS