TARAGALLA SRINIVAS RAO v. THE STATE OF ANDHRA PRADESH
WP/23370/2025 · 2025-09-08
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26656 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26656 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010377982025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between:
1. TARAGALLA SRINIVAS RAO, S/o.T.Veeraiah, Aged 52 Years, Occ Journalist, R/oH.No.l-30, Front of Lingayya Cheruvu Pond, Dwaraka Tirumala, West Godavari District, Andhra Pradesh
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District
2. the Director General of Police, Government of Andhra Pradesh, Vijayawada, Krishna District. 3. The Chief Commissioner of La D.No.189, 2nd Floor Himagna Towers, N.T.R. Maarg, LIC Colony, B Gollapudi, Vijayawada-521225
4. The Inspector General of PolicePersonnel, O/o. Director General of Police, Government of Andhra Pradesh, Manga
5. Mr O Dileep Kiran, Additional Superintendent of Police, Central Investigation Unit (CIU), Department of Anti Bustand, 4th Floor, Vijayawada 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23370 OF 2025
1. TARAGALLA SRINIVAS RAO, S/o.T.Veeraiah, Aged 52 Years, Occ 30, Front of Lingayya Cheruvu Pond, Dwaraka Tirumala, West Godavari District, Andhra Pradesh - 534 426. ...Petitioner AND DHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur
2. the Director General of Police, Government of Andhra Pradesh, Vijayawada, Krishna District. 3. The Chief Commissioner of Land Administration, Government of A.P, D.No.189, 2nd Floor Himagna Towers, N.T.R. Maarg, LIC Colony, B 521225
4. The Inspector General of PolicePersonnel, O/o. Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District
5. Mr O Dileep Kiran, Additional Superintendent of Police, Central Investigation Unit (CIU), Department of Anti-Corruption Bureau, Pandit Nehru Bustand, 4th Floor, Vijayawada - 520 013. IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. TARAGALLA SRINIVAS RAO, S/o.T.Veeraiah, Aged 52 Years, Occ- 30, Front of Lingayya Cheruvu Pond, Dwaraka ...Petitioner DHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur
2. the Director General of Police, Government of Andhra Pradesh, nd Administration, Government of A.P, D.No.189, 2nd Floor Himagna Towers, N.T.R. Maarg, LIC Colony, B-Block,
4. The Inspector General of PolicePersonnel, O/o. Director General of Police,
5. Mr O Dileep Kiran, Additional Superintendent of Police, Central Corruption Bureau, Pandit Nehru
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6.
Mr B Madhu Venkata Raja, Sub-Inspector, Cyber Cell, 1-Town Police Station Compound, Near Karrela Dam, Eluru, Eluru District - 534 001. 7. Mr Songa Johnson, Special Deputy Collector, Forest Settlement Officer, Prakasam Bhavan Collectorate, Ongole, Prakasam 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 Pleased to issue a writ, order or direction particularly one in the nature of Writ of Mandamus, declaring the impugned action of Respondents in not taking any action under The Andhra Pradesh Civil Services (Classification, Control and Appeal) more Rules, 1991, against the Unofficial Respondents 5 to 7, inspite of inaction on their part, clearly abusing powers in contravention of law as highly illegal, arbitrary, violative of Article 14 and 16 of the Constitution of India, apart from contrary to The Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, inspite of representation dt 03.11.2023, made by petitioner and pass 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 Peased to direct the respondents to take action against the respondents 5 to 7, on the representation dt 03.11.2023, for abuse of powers, pending disposal of the above writ petition and pass Counsel for the Petitioner: G V SHIVAJI Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE The Court made the following order:
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23370 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 particularly one in the nature of Writ of Mandamus, declaring the impugned action of Respondents in not taking any action under The Andhra Pradesh Civil Services (Classification, Control and Appeal) more Rules, 1991, against the Unofficial Respondents 5 to 7, inspite of inaction on their part, clearly abusing powers in contravention of law as highly illegal, arbitrary, violative of Article 14 and 16 of the Constitution of India, apart from contrary to The Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, inspite of representation dt 03.11.2023, made by petitioner and pass...”
2. Heard Sri G.V.Shivaji, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home.
3.
Learned counsel for the petitioner submitted that, in the absence of any clear finding by the Court that a false case was lodged against the petitioner by Respondent Nos.5 to 7, the petitioner is not authorized to seek departmental action against them. Since the respondents had registered a case, investigated the matter, and filed a charge sheet, at this stage the petitioner cannot demand departmental action against the police officers. It is further observed in Crl.P.No.5666 of 2020 that the allegations made against the petitioner did not constitute the offences alleged against them.
4. In view of the above, the claim of the petitioner for initiating departmental action against the respondents cannot be sustained. The Writ Petition lacks merit.
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5. Accordingly, the Writ Petition is dismissed. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:09.09.2025 KKV
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20 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 23370 OF 2020 09.09.2025
KKV