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2025 DAILYLAW 25750 (AP)

Pothula Rambabu, v. The State of Andhra Pradesh,

WP/18544/2025 · 2025-07-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010363582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18544 OF 2025 Between: Pothula Rambabu, S/o Tatabbai, Aged about 51 years, Occ. Agriculture R/o Kommugudeni Center, Lakshmudugudem, District. Buttaigudem Mandal, Eluru ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. The Superintendent of Police, Eluru District, Eluru. The Sub Divisional Police Officer, Polavaram, Eluru District The Circle Inspector, Jeelugumilli Police Station, Eluru District, The Station House Officer, Buttyagudem Police Station, Eluru District. Kummarigunta Mirjarao, S/o Pollaiah, Aged about 40 years, R/o Buttaigudem,Eluru District. Mohammed Feeroz, S/o Rambanie Aged about 50 years, Occ.Private R/o Kommagudem, Buttaigudem, Eluru District Chukka Srinu, S/o Rama Murthy Aged about 55 years, Occ. Agriculture R/o Buttaigudem, Eluru District Telgarla Vali, S/o Veeraish Aged about 59 years, Occ. Agriculture Kommagudem, Buttaigudem, Eluru District 2. 3. 4. 5. 6. 7. 8. 9. lO.Karimikonda Seetha Mahalakshmi, D/o Sathyanarayana, Aged about 40 years, R/o Buttaigudem, Eluru 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 by declaring the inaction of the respondents on petitioners representation dated 12.05.2025 to providing protection to the petitioners house in land admeasuring Ac. 0-12 V2 Cents in R.S. No. 100, Situated at R/o Busarajupalli, Lakshmudugudem, Buttaigudem Mandal, Eluru District, as highly illegal, arbitrary and also violation of Principles of Natural Justice and consequently direct the respondents to forthwith provide the police protection to the property of the petitioner. lA 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 to direct the respondent to forthwith consider the representation submitted by the petitioner dated 12.05.2025 to provide protection to the petitioners house in land admeasuring Ac. 0-12 72 Cents in R.S. No. 100, Situated at R/o Busarajupalli, Lakshmudugudem, Buttaigudem Mandal, Eluru District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI VUYYURU LAKSHMANA RAO Counsel for the Respondent Nos. 1 to 5: GP FOR HOME Counsel for the Respondent Nos. 6 to 10: — The Court made the following order: APHC010363582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18544/2025 Between: Pothula Rambabu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VUYYURU LAKSHMANA 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: 18544/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: ‘...to issue a Writ, order or direction more particularlyone in the nature of Writ of Mandamus by declaring the inaction of the respondents on petitioners representation dated 12.05.2025 to providing protection to the petitioners house in land admeasuring Ac.0-12 1/2 Cents in R.S.No.100, Situated at R/o Busarajupalli, Lakshmudugudem, Buttaigudem Mandal, Eluru District as highly illegal, arbitrary and also violation of Principles of Natural Justice and consequently direct the respondents to forthwith provide the police protection to the property of the petitioner and pass... ” 2. Heard Sri Vuyyuru Lakshmana Rao, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home for the respondents. When the matter is taken up for hearing, learned Government Pleader for Home on instructions would submit that the respondent-Police had not received any complaint or any representation from the petitioner through physically or by registered post and basing on the present writ petition only, the respondent police came to know that on Mr.Kumargunta Mirgurao along with some tribal community people had entered into the petitioner’s house and threatened the petitioner. Further, the petitioner had not turned immediately to the police station duly complaining the issue, unless and until there is any complaint or specific direction from this Court, the respondent-Police have no role to play in the civil matters and requested to dispose of the writ petition. 3. Learned Counsel for the petitioner would submit that recording the the petition may be disposed of giving liberty to the petitioner to pursue the matter before appropriate forum Considering the submissions made, the Writ Petition is disposed of. However, since the Police have not received any representation from the petitioner, the petitioner is at liberty to submit a complaint/representation to the respondent-Police duly explaining his grievance and after receipt of such representation, the respondent-Police are directed to act in accordance with law. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 4. same. 5. closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Home Department, A.P Secretariat, 1. The Principal Secretary Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Eluru District, Eluru. 3. The Sub Divisional Police Officer, Polavaram, Eluru District 4. The Circle Inspector, Jeelugumilli Police Station, Eluru District, 5. The Station House Officer, Buttyagudem Police Station, Eluru District. 6. One CC to Sri Vuyyuru Lakshmana Rao Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 8. Two CD Copies TF HIGH COURT DATED:22/07/2025 ORDER WP NO. 18544 OF 2025 r<3r a 0 7 AUG 2025 ntSectioijx^' Co ★ TfSl DISPOSING OF THE W.P., WITHOUT COSTS