Rajana Adithya Vamsi Phanidhar v. State of Andhra Pradesh,
WP/18864/2025 · 2025-08-17
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25382 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25382 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010358492025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18864/2025 Between:
1. RAJANA ADITHYA VAMSI PHANIDHAR, S/O LATE APPALA RAO, AGED ABOUT 47 YEARS, OCC PRIVATE EMPLOYEE, R/O D. NO 6- 87/2 SANTHU NAGAR PENDURTHI, VISAKHAPATNAM
...PETITIONER AND
1. 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. LAKSHMAN RAO, S/O NOT KNOWN AGED ABOUT 53 YEARS. OCC EX ARMY, FLAT NO 102 R/O BPN TOWERS BELAGAM, PARVATHIPURAM PARVATHIPURAM MANYAM DISTRICT. 6. JETHA S VISHWANADHAM, S/O VETURI PARISHINAYUDU, AGED ABOUT 50 YEARS R/O OPPOSITE ROYAL CONVENTION, SOUNDARYA THEATRE ROAD, PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT SCANNED WITH OKEN
SCANNER
7. BOTU VISHWESHWARA RAO, S/O NOT KNOWN AGED ABOUT 50 YEARS, OCC BUSINESS FLAT NO 301, BPN TOWERS, PARVATHIPURAM PARVATHIPURAM MANYAM DISTRICT
8. J RAMESH, S/O NOT KNOWN AGED ABOUT 45 YEARS, R/O FLAT NO 302, BPN TOWERS,
BELAGAM,PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT
9. V MAHESH, S/O NOT KNOWN AGED ABOUT 45 YEARS, R/O FLAT NO 302
BPN TOWERS, BELAGAM,PARVATHIPURAM, PARVATHIPURAM MANYAM DISTRICT
10. DURGA RAO, S/O NOT KNOWN AGED ABOUT 45 YEARS,FLAT NO 302
BPN TOWERS,BELAGAM,PARVATHIPURAM PARVATHIPURAM MANYAM 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 topleased to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.2 to 4 in not registering the petitioner's complaint dated 21-01-2025 as FIR or not taking any action against the unofficial respondent Nos.5 to 10 who are coming to encroach with deadly weapons and threaten the petitioner and his family members forcibly and encroach the petitioner's vacant site situated at Ward No. 17, Block No 29 in Sy. No 610/2F of an extent of 2351 Sq.
Yds, S.N. Puram Parvathipuram unicipality, Parvathipuram Manyam District even there is an interim injunction order restraining the unofficial respondents in O.S. No.194/2024 in I.A. No.670/2024 dated 21-11-2024 issued in favour of the petitioner regarding the subject land as illegal, arbitrary and unconstitutional, rights guaranteed to me under article 14,19,21 and 300-A Constitution of India and consequently direct the official respondents to register the petitioner's complaint as FIR against the respondent Nos. 5 to 10 and not to interfere in petitioner's land 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 pleased to direct the respondents to register FIR against the respondent Nos.5 to 10 and not to interfere in the petitioner’s vacant site situated at Ward
No. 17, Block No. 29 in Sy. No 610/2F of an extent of 2351 Sq. Yds S.N. Puram, Parvathipuram Municipality, Parvathipuram Manyam District pending disposal of the above Writ Petition Counsel for the Petitioner:
1. BONU RAMA SHANKAR RAO Counsel for the Respondent(S):
1. GP FOR HOME The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18864 of 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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.2 to 4 in not registering the petitioner's complaint dated 21-01-2025 as FIR or not taking any action against the unofficial respondent Nos.5 to 10 who are coming to encroach with deadly weapons and threaten the petitioner and his family members forcibly and encroach the petitioner's vacant site situated at Ward No. 17, Block No 29 in Sy.No.610/2F of an extent of 2351 Sq.Yds, S.N.Puram Parvathipuram Municipality, Parvathipuram Manyam District even there is an interim injunction order restraining the unofficial respondents in O.S. No.194/2024 in I.A. No.670/2024 dated 21-11-2024 issued in favour of the petitioner regarding the subject land as illegal, arbitrary and unconstitutional, rights guaranteed to me under article 14,19,21 and 300-A Constitution of India and consequently direct the official respondents to register the petitioner's complaint as FIR against the respondent Nos. 5 to 10 and not to interfere in petitioner's land and pass…”
2. The grievance of the petitioner in the present petition is that regarding the non registration of the FIR on the complaint dated 21.01.2025, made by the petitioner to the respondent-Police.
3. When the matter was taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions would submit that the respondent-Police have not registered any crime as requested by the petitioner, since the matter in the present petition is purely civil in nature.
4.
Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.
5. Recording the above said submission, the Writ petition is disposed of. However, the petitioner is at liberty to work out his remedies before the appropriate forum. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.08.2025. SRT
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.18864 of 2025
Dated.18.08.2025
SRT
142