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2025 DAILYLAW 28075 (AP)

PENAKA VENKATA SESHU REDDY v. The State of Andhra Pradesh,

WP/20167/2025 · 2025-08-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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' < APHC010398602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20167 OF 2025 Between: 1. Penaka Venkata Seshu Reddy, S/o. Sudhakar Reddy, Aged 40 years R/o. D.No. 16-11-1341, 2"^^ Street Occ: Private Employee, Haranathapuram, Nellore City, SPSR Nellore District. 2. Jonnawada Subrahmanyam, S/o. Venkata Subbaiah, Aged 50 years, Occ: Business, R/o D.No. 16-11-471, Street, Haranathapuram, Nellore City, SPSR Nellore District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director General of Police, Andhra Pradesh State, Police Headquarters, Mangalagiri Guntur District. 3. The Superintendent of Police, SPSR Nellore District, Nellore. 4. The Station House Officer, Vl-Town Police Station, Nellore, SPSR Nellore District. 5. Pasupuleti Gangadhar, S/o. Lakshmi Narayana, Aged about 57 years. President and Temple Land Donor, Occ: Business, R/o. D.No.16-11- 600, 2"^ Lane, Haranathapuram, Nellore, SPSR Nellore District-03. 6. Maddala Sridhar, S/o. Gopaia Narayana Aged about 54 years, Secretary and Temple Land Donor, Occ: Business, R/o. D.No.16-11- 675, 1®‘ Lane, Haranathapuram, Nellore, SPSR Neliore District-03. ...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 any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declare the inaction on the part of the official respondents, particularly respondents No.3 and 4 in initiating any action to protect the tranquility of the Temple from the hands of the party respondents fvjo.5 and 6, who are trying to replace the idle of Deity/God on their own, without followirg the procedure laid in the Bylaws, contrary to the Judgment and Decree dated 17.09.2024 in IA.No.1 of 2024 in OS.No.4 of 2024 on the file of the I Additional Senior Civil Judge Court, Nellore as the same is bad, illegal, arbitrary, unjust, contrary to law and unconstitutional and consequently direct the respondents No.3 and 4 to register a crime against the party respondents No.5 and 6. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the representation dated 28.07.2025 submitted by the petitioners. Counsel for the Petitioners: SRI VALLEPU JAGADEESH Counsel for the Respondent Nos.1 to 4 : SRI V. FAROQ, ASST.GP FOR HOME Counsel for the Respondent Nos.5 & 6 : NONE APPEARED The Court made the following order: APHC010398602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 3 [3396] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20167/2025 Between: 1.PENAKA VENKATA SESHU REDDY, S/0 SUDHAKAR AGED 40 YEARS, OCC. PRIVATE EMPLOYEE, 1341,'2ND STREET, HARANATHAPURAM, NELLORE DISTRICT. 2.JONNAWADA SUBRAHMANYAM,, S/O VENKATA SUBBAIAH, AGED 50 YEARS, OCC.BUSINESS, R/0 D.NO.16-11-47J, 2ND STREET HARANATHAPURAM, NELLORE CITY, SPSR NELLORE DISTRICT. ...PETITIONER{S) REDDY, R/0 D.NO.16-11- NELLORE CITY, SPSR AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH STATE, POLICE HEADQUARTERS, MANGALAGIRI GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT NELLORE. 4.THE STATION HOUSE OFFICER, VL-TOWN POLICE NELLORE, SPSR NELLORE DISTRICT. STATION, 5.PASUPULETI GANGADHAR, S/O LAKSHMI NARAYANA, ABOUT 57 YEARS. PRESIDENT AND TEMPLE LAND DONOR AGED , OCC. BUSINESS, R/0 D.NO.16-11-600, 2ND LANE, HARANATHAPURAM, 2 nellore, spsr nellore district 6.MADDALA SRIDHAR, S/0 GOPALA YEARS OCC.BUSINESS, HARANATHAPURAM, NELLORE -03. NARAYANA, aged ABOIRT 54 TEMPLE LAND D.NO.16-11-675, . SPSR NELIORE DISTRICT-03. SECRETARY AND DONOR, 1ST LANE, R/0 ...RESPONDENT(S): \ Petition under Articie 226 of the Constitution nlensed'r?' the High Court may be in the 1/'’ 't'°re particularly official a ^ Mandamus, declare the Inaction on the part of the action to protect the tranquility of the Temple from the hands of the oartv tht°owr'^ ‘te idle of Deity/God their own, without followirg the procedure laid in the Bylaws contrary to the 202ror h"n 2024 in OS Nr4 of same ef bad La Civil Judge Court, Nellore as the coL n’ a ' anjnst, contrary to law and unconstitutional and consequently direct the respondents No.3 and 4 the party respondents No.5 and 6 and lA NO: 1 OF 2025 Peffiion 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 consider the 28.07.2025 submitted by the petitioners and Counsel for the Petitioner(S): 1.VALLEPU JAGADEESH Counsel for the Respondent(S): 1.GP FOR HOME of India praying that in the one on to register a crime against pass representation dated pass 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...to issue any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declare the inaction the part of the official respondents, particularly respondents No.3 and 4 in initiating any action to protect the tranquility of the Temple from the hands of the party respondents No.5 and 6, who are trying to replace the idle of Deity/God on their own, without followirg the procedure laid in the Bylaws, contrary to the Judgment and Decree dated 17.09.2024 in IA.No.1 of 2024 in OS.No.4 of 2024 on the file of the I Additional Senior Civil Judge Court, Nellore as the same is bad, illegal, arbitrary, unjust, contrary to law and unconstitutional and consequently direct the respondents No.3 and 4 to register a crime against the party respondents No.5 and 6 and pass ” Heard Sri V.Jagadeesh, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home respondents. 3. Learned counsel for the petitioner would submit that the police are not initiating any actions to protect the tranquility of the Temple form the hands of the unofficial respondents. Learned Assistant Government Pleader would submit that matter is pending before the civil court in O.S.No.4 of 2024. It is also observed that Status-Quo obtained by the unofficial respondents. on / 2. for the 4. 4 Considering the submissions, this writ petition is disposed of. However, the petitioner is at liberty to workout his remedy before the Civil Court where the matter is pending between the parties. There shall be no order to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 5. \ closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// S^C^^^OFFICER I To 1. The Principal Secretary to Government, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. The Director General of Police, Andhra Pradesh State Headquarters, Mangalagiri Guntur District. The Superintendent of Police, SPSR Nellore District, Nellore. The Station House Officer, Vl-Town Police Station, Nellore District. One CC to Sri Vallepu Jagadeesh, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Two CD Copies 2. Police 3. 4. Nellore, SPSR 5. 6. 7. Cnr t > HIGH COURT DATED:04/08/2025 \ \ ORDER WP NO. 20167 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS