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2025 DAILYLAW 24278 (AP)

OM PRAKASH JOHSI SHARMA v. State of Andhra Pradesh,

WP/17111/2025 · 2025-07-09

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010342352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATi (Special Original Jurisdiction) THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17111 OF 2025 Between; OM Prakash Johsi Sharma, S/o Sugun Chand Sharma, Aged about 72 R/oH. No. 5-124,S.N.M Nagar years, Occ. Pvt. Employee, Parvathipuram Muncipality, Parvathipuram Manyam District ...Petitioner AND -j. State of Andhra Pradesh, Rep. by its Principal Secretary Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Parvathipuram Manyam District, parvathipuram 3. The Circle Inspector of Police, Parvathipuram Parvathipuram, Manyam District, 4. The Station House Officer, Town police station Parvathipuram , Parvathipuram Manyam District. 5. Yeddu Chinna Rao, S/o late Thavitayya Ammagari Koneru Gattu, R/o NearS.N.M Nagar, Parvathipuram Parvathipuram Manyam District. 0 Suragala Uma Maheswara Rao, S/o Late Simhachalam, Age not known to the petitioner, R/o Near Soudarya Theatre, Parvathipuram, parvathipuram Manyam District. 7. Pentapati Mutyaiu, S/o Not known to the Petitioner, R/o Naidu Street, Parvathipuram, Parvathipuram Manyam District. ...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 issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS' declaring the action of the respondent No.4 in not registering the petitioner's complaint dated 15.05.2025, 19.05.2025. 27.06.2025 and 3.7.2025 as FIR or not taking any action against the unofficial respondent Nos.5 to 7 who are coming to encroach and deadly weapons to threaten us forcibly and encroach my land of an extent of 410 Sq. yards in sy.No.348/8 situated in S.V.M Nagar, Parvathipuram, Parvathipuram Manyam District even there is an interim injunction order restraining the unofficial respondents in O.S. No.71/2025 in I.A. No.244/2025 issued in my favour regarding the subject land as illegal, arbitrary and unconstitutional, rights guaranteed to me under article 14, 19, 21 and 300- and consequently direct the official respondents to register the petitioner's complaint as FIR against the respondent Nos. 5 to 7 and not to petitioner's land. A Constitution of Indiai interfere in lANOi1OF2025 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 to register FIR against the respondent Nos.5 to 7 and not to interfere in the petitioner’s land of an extent of 410 Sq. yards in sy.No.348/8 situated in S.V.M Nagar,Parvathipuram. Parvathipuram District pending disposal of the above Writ Petition. Manyam Counsel for the Petitioner: BONU RAMA SHANKAR RAO Counsel for the Respondent Nos.1 to 4: GP FOR HOME Counsel for the Respondent Nos.5 to 7: NONE APPEARED The Court made the following order: APHC010342352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] a THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17111/2025 Between; 1.0M PRAKASH JOHSl SHARMA, S/O SUGUN CHAND SHARMA, AGED ABOUT 72 YEARS, OCC. PVT. EMPLOYEE, R/OH. NO. 5- PARVATHIPURAM MUNCIPALITY, NAGAR 124,S.N.M PARVATHIPURAM MANYAM DISTRICT ...PETITIONER AND REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 jhe SUPERINTENDENT OF POLICE, PARVATHIPURAM MANYAM DISTRICT, PARVATHIPURAM 3.THE CIRCLE INSPECTOR OF PARVATHIPURAM MANYAM DISTRICT, 4.THE STATION HOUSE OFFICER, TOWN POLICE STATION PARVATHIPURAM , PARVATHIPURAM MANYAM DISTRICT. ESTATE OF ANDHRA PRADESH POLICE, PARVATHIPURAM AMMAGARI 5.YEDDU CHINNA RAO. S/O LATE THAVITAYYA R/0 NEARS.N.M NAGAR, PARVATHIPURAM KONERU GATTU PARVATHIPURAM MANYAM DISTRICT. 6.SURAGALA UMA MAHESWARA RAO, S/O LATE SIMHACHALAM, AGE NOT KNOWN TO THE PETITIONER, R/0 NEAR SOUDARYA PARVATHIPURAM MANYAM THEATRE. PARVATHIPURAM district. 7.PENTAPATI MUTYALU R/0 NAIDU MANYAM DISTRICT. S/0 NOT KNOWN TO parvathipuram THE PETITIONER, parvathipuram STREET -RESPONDENT(S); Counsel for the Petitioner: 1.BONU RAMA SHANKAR Counsel for the Respondent(S): 1GP FOR HOME The Court made the following; RAO 3 ORDER:- Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the Home. 2. Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction of respondent No.4 in not considering the petitioner’s representations dated 15.05.2025, 19.05.2025, 26.06:2025 and 03.07.2025. Learned Assistant Government Pleader appearing for the Home submits 3. that the petitioner’s representations dated 15.05.2025, 19.05.2025, 26.06.2025 and 03.07.2025 will be considered by the respondent, as per law. Considering the facts and circumstances of the case, this Court is inclined 4. th to dispose off the Writ Petition at the stage of admission itself, directing the 4 respondent to consider the petitioner’s representations dated 15.05.2025 19.05.2025, 26.06.2025 and 03.07.2025, in accordance with law and the procedure contemplated under Section 173(3) of the BNSS, 2023. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// To, 1. Principal Secretary Home Department, Secretariat, Velagapndi Amaravathi, Guntur District. 2. The Superintendent of Police, Parvathipuram Manyam District Parvathipuram 3. The Circle Inspector of Police, Parvathipuram Manyam District, 4. The Station House Officer, Town police station Parvathipuram , Parvathipuram Manyam District. 5. One CC to SRI. BOND RAMA SHANKAR RAO Advocate [OPUC] 6. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 7. THREE CD Copies. Parvathipuram AL HIGH COURT DATED:10/07/2025 ORDER WP NO. 17-111 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS