Extracted from the PDF above. The PDF is authoritative.
APHC010316182020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO. 20935/2020 Between:
KOMMU ESWARA RAO, S/O SURYANARAYANA AGED 58 YEARS. AGRICULTURE, R/O MARRIVALASA VILLAGE K. KOTAPADU MANDAL, VISAKHAPATNAM DISTRICT
...PETITIONER AND
1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. SOCIAL WELFARE DEPARTMENT AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT
2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY. HOME DEPARTMENT AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT
3. THE COLLECTOR AND DISTRICT, MAGISTRATE AND CHAIRMAN. DISTRICT SC/ST VIGILANCE AND MONITORING COMMITTEE. VISAKHAPATNAM. VISAKHAPATNAM DISTRICT
4. THE COMMISSIONER OF POLICE, VISAKHA CITY POLICE, POLICE BARRACKS, SURYABAGH, VISAKHAPATNAM DISTRICT
5. THE SUPERINTENDENT OF POLICE, VISAKHA CITY POLICE, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM
6. DEPUTY SUPERINTENDENT OF POLICE, VISAKHA CITY POLICE, MADHURAVADA RANGE, MADHURAVADA, VISAKHAPATNAM. VISAKHAPATNAM DISTRICT
7. THE STATION HOUSE OFFICER, MADHURAWADA PS, NEAR ICIC1 BANK, P.M. PATEM, MADHURAWADA, VISAKHAPATNAM DISTRICT
8. BOLUSU LAXMANA SWAMY, S/O LATE PURNACHANDRA RAO, AGED 58 YEARS, PLOT NO. 247/1/1 HP ROAD MOOSAPET. HYDERABAD
9. D V SATYANARAYANA, S/O NAGESWARA RAO AGED 52 YEARS, R/O 5-1, PEDDA WALTAIR, VISAKHAPATNAM DISTRICT
...RESPONDENT(S): Counsel for the Petitioner:
1. S V INDIRA Counsel for the Respondent(S):
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1. GP FOR HOME
2. K V BHANU PRASAD
3. GP FOR SOCIAL WELFARE The Court made the following: ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“.... a Writ of Mandamus declaring the action of the 7th respondent In not taking any action against the party respondents in pursuance of complaint dated 08.07.2020 in terms of The Scheduled Castes and Tribes (Prevention of Atrocities) Act. 1989 apart from other provisions of IPC despite discloses cognizable offences contrary to the law reported in AIR 2014 SC 187. and equally the action of the 3'' respondent in considering the complaint dated 12.08.2020 in so far as it relates to conduct enquiry and take action against the party respondents for offences under cheating, forgery. blackmailing, extortion. threat to life and property Ac,2.16 cents in Sy.No.106/3 in Madhurawada Revenue Mandal, Visakhapatnam Rural District as equally arbitrary. Illegal. discriminatory. malafide and unconstitutional violating Article 14. 19 II1 (R) and 21 of the Constitution of India, and Issue consequential directions, directing the respondents.
particularly the 3'' respondent to direct the 7TH respondent to conduct enquiry and register FIR against the party respondents, In terms of The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. apart from other provisions of IPC, in protecting the life and property of the petitioner land Ac.2,16 cents In Sy.No.106/3 in Madhurawada Revenue Mandal, Visakhapatnam Rural District is concerned.”
2. Sri Md.Farooq, learned Assistant Government Pleader for Home would submit that, the matter is purely related to civil issues and the Police never interfere with the civil issues. 3
3. Ms.S.V.Indira, learned counsel for the Petitioner would submit that recording the same the petition may be disposed of. 4. Considering the submissions made, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out his remedies before appropriate forum in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:14.08.2025 Dinesh
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.20935 of 2020
Dt.14.08.2025
Dinesh