BANDI SYAM SUNDARA RAO v. The State of Andhra Pradesh
WP/17567/2025 · 2025-07-14
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24405 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24405 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010344882025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17567/2025 Between:
1. BANDI SYAM SUNDARA RAO, S/O. BANDI ENNAYYA, AGED ABOUT 40 YEARS, R/O. D.NO. 16-174/1, HARIJANAWADA NAYUDUPETA, RENTACHINTALA MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, A. P.
SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PALNADU DISTRICT, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, PALNADU DISTRICT, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, RENTACHINTALAPOLICE STATION, PALNADU DISTRICT, ANDHRA PRADESH. ...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 a Writ Order or direction, particularly, one in the nature of a writ of Mandamus declaring the action of Respondent Nos.
3 and 4 in not considering the representation/complaint dated 19.05.2025 forwarded by the Respondent No.2 in view of the representation/complaint made by the
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petitioner to the Respondent No.2 on 22.03.2025 against neighbours Shaik Ala Bakshu S/o. Abdul Khayam and Shaik Abdul Khayam S/o. Gaur and KaracharlaVenkateswarlu S/o. Venkataiah for committing the offenses punishable under Sections 3(za), 3(va) and 3(1 )(g) of the SC/ST (Prevention of Atrocities) Act, 1989, and relevant sections of the BNS Act,2023, is illegal, arbitrary and contrary to Sec 173/154 of BNSS/CrPC is nothing but a violation of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently, direct the Respondents to consider the proceedings issued by Respondent No.2 and forwarded to Respondent No.3, pursuant to the petitioners representation/complaint dated 22.03.2025, and to take appropriate action in accordance with law by registering an FIR against the petitioner s neighbours in accordance with law and pass such IA NO: 1 OF 2025 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 may be pleased to direct Respondent No.3 to act upon the proceedings dated 19.05.2025 issued by Respondent No.2 and forwarded to Respondent No.3, in view of the petitioner’s representation/complaint dated 22.03.2025,and pass order or orders in accordance with law, pending disposal of the writ petition may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:
1. M V SUBBA REDDY Counsel for the Respondent(S):
1. GP FOR HOME
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17567/2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue a Writ Order or direction, particularly, one in the nature of a writ of Mandamus declaring the action of Respondent Nos. 3 and 4 in not considering the representation/complaint dated 19.05.2025 forwarded by the Respondent No.2 in view of the representation/complaint made by the petitioner to the Respondent No.2 on 22.03.2025 against neighbours Shaik Ala Bakshu S/o. Abdul Khayam and Shaik Abdul Khayam S/o. Gaur
and KaracharlaVenkateswarlu S/o. Venkataiah for committing the offenses punishable under Sections 3(za), 3(va) and 3(1 )(g) of the SC/ST (Prevention of Atrocities) Act, 1989, and relevant sections of the BNS Act,2023, is illegal, arbitrary and contrary to Sec 173/154 of BNSS/CrPC is nothing but a violation of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently, direct the Respondents to consider the proceedings issued by Respondent No.2 and forwarded to Respondent No.3, pursuant to the petitioners representation/complaint dated 22.03.2025, and to take appropriate action in accordance with law by registering an FIR against the petitioner s neighbours in accordance with law and pass…”
2. Heard Sri M.V.Subba Reddy, learned Counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home for the respondents.
3. When the matter is taken up for hearing, learned Assistant Government Pleader for Home would submit that after receiving the complaint/representation, preliminary enquiry has been conducted and the Police found that the matter is of civil in nature.
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4.
Learned Counsel for the petitioner would submit that recording the same, the petition may be disposed of giving liberty to the petitioner to pursue the matter before appropriate forum.
5. Recording the same, the Writ Petition is disposed of. However, the petitioner is at liberty to pursue the matter before the appropriate forum. No
order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.07.2025 UPS
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.17567 of 2025
Dated.15.07.2025
UPS
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