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2025 DAILYLAW 18228 (AP)

Smt. Polamarasetty Subbayyamma, v. THE STATE OF AP

WP/11376/2019 · 2025-08-13

B V L N Chakravarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010252692019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 11376/2019 Between: 1. SMT. POLAMARASETTY SUBBAYYAMMA,, W/O. LATE RAMANA, AGED 62 YEARS, R/O. DRONAMIAJUNAGAR, PENDURTI VILLAGE, VISAKHAPATNAM. 2. SMT. POLAMARASETTY VENKATARATNAM,, W/O. LATE CHINNA RAMANA, AGED 55 YEARS, R/O. D.NO.13-110, DRONAMRAJUNAGAR, PENDURTI VILLAGE, VISAKHAPATNAM. 3. POLAMARASETTY KRISHNA,, S/O. LATE APPALANAIDU, AGED 65 YEARS, R/O. DRONAMRAJUNAGAR, PENDURTI VILLAGE, VISAKHAPATNAM. 4. ATHAKAMSETTY NOOKARAJU,, S/O. LATE RAMUNAIDU, AGED 58 YEARS, R/O. DRONAMRAJUNAGAR, PENDURTHI ...PETITIONER(S) AND 1. THE STATE OF AP, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARTY, HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM, VISAKH IA. TAM DISTRICT. 3. THE STATION HOUSE OFFICER, POTHULA MALLAYA PALEM(P.M.L'ALEM) POLICE STATION, CHINAGADILI MANDAL, VISAKHAPATNAM RURAL, VISAKHAPATNAM. 4. SPORTS AUTHORITY OF INDIAAP, REP BY ITS DISTRICT SPORTS DEVELOPMENT OFFICER,- KOMMADI, CHINAGADILI MANDAL, VISAKHAPATNAM DISTRICT. 5. JOHN GALLOYATH, DISTRICT SPORTS DEVELOPMENT 2 OFFICER, SPORTS AUTHORITY OF INDIA(AP) KOMMADI, CHINAGADILI MANDAL, VISAKHAPATNAM DISTRICT. 6. VYKUNTA RAO, COACH, DISTRICT SPORTS DEVELOPMENT OFFICER, SPORTS AUTHORITY OF INDIA(AP) KOMMADI, CHINAGADILI MANDAL, VISAKHAPATNAM DISTRICT. 7. AMMAVARAM SUBBA REDDY, CELL 9160010062), CONTRACTOR, SPORTS AUTHORITY OF INDIA(AP) KOMMADI, CHINAGADILI MANDAL, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 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 respondents particularly the respondents 2 and 3 herein with regard to registration of FIR and to take initiate necessary action against the respondents 4 to 7 inspite of receipt of petitioner's written complaint given on 16.07.2019 and the same was endorsed to the respondents 2 and 3 for necessary action as illegal, arbitrary, irrational, unconstitutional and in violation of Principles of Natural Justice and to consequently direct the respondents 2 and 3 to register F.I.R against the respondents 4 to 7 herein to take necessary action and to do the investigation in to it expeditiously as early as possible and to pass IA NO: 1 OF 2019 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 pass an interim direction against the respondents 2 85 3 to forthwith register F.I.R against the respondents 4 to 7 herein to take necessary action and to do the investigation in to it expeditiously as early as possible and to pass Counsel for the Petitioner(S): 1. V Y PRABHUVU Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 11376 of 2019 The Court made the following Order: Heard learned counsel for the petitioners appearing through Video Conference and learned Additional Government Pleader representing the State. 2. Learned Additional Government Pleader on written instructions would submit that on receipt of a complaint, police conducted preliminary enquiry and registered a case in Crime No.393 of 2019 on the file of the Visakhapatnam City, for the offences under Section 341, 447, 509 read with 34 IPC, prior to the Writ Petition. The enquiry relating to petitioners’ report dated 16.07.2019 would disclose that the petitioners are alleged civil trespassers and therefore, the case is of civil in nature and the petitioners were informed to approach competent civil Court for necessary relief. 3. Learned counsel for the petitioners would submit that in the light of the submission made by learned Additional Government Pleader, the petitioners will approach competent civil Court for necessary relief, in accordance with law. 4 4. In that view of the matter, this Court is of the opinion that the Writ Petition may be closed, without going in to the merits of the case. 5. Accordingly, this Writ Petition is closed with a liberty to the petitioner to approach the competent civil Court, for necessary relief, in accordance with law. No order as to costs. Interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 14.08.2025 PSA 5 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION NO: 11376 of 2019 Date: 14.08.2025 PSA