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2025 DAILYLAW 32849 (AP)

Kolla Lavakumar v. The State of Andhra Pradesh

WP/29726/2022 · 2025-08-04

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010486852022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29726 OF 2022 Between: Kolia Lavakumar, S/o.Late Yerranna, Aged 28 years, R/o.Kothacheri street. Presently residing at Nelluru veedhi, Tekkali Town and Mandal, Srikakulam District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat Buildings at Velagapudi Guntur District. 2. The Director General of Police, Police Head Quarters at Mangalagiri, Guntur District. 3. The Superintendent of Police, Srikakulam District. 4. The Sub-Divisional Police Officer Srikakulam District. 5. The Inspector of Police, Tekkali Circle, Srikakulam District. 6. The Station House Officer, Tekkali Police Station, Srikakulam District. Amaravati, Tekkali Sub-Division, Tekkali ...Respondents praying that in the Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order direction more particularly one in the nature of writ of mandamus declaring the high-handed action of the respondents in op^riing the impugned Rowdy Sheet against the petitioner on the file of Tekkali Police Station, Tekkali Mandal, Srikakulam District, Vide C;No.24/SDO-K/Genl/2014 against the petitioner, as highly illegal, arbitrary, unconstitutional, unjust and violative of principles of natural justice, rule of law and against Article 14 and against the true letter and spirit of Right to Privacy contemplated under Article 21 of the Constitution of India and against the orders passed by this Hon'ble Court in W.P.No.24887 and batch dated 10.08.2022, consequentially direct the respondents herein to close the The Rowdy Sheet against the petitioner vide C.No.24/SDO-K/Genl/2014 on the file of Tekkali Police Station, Srikakulam District in consonance with the orders passed by this Hon'ble Court in W.P.No.24887 and batch dated 10.08.2022. lA NO: 1 OF 2022 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 respondents herein to Suspend/Close the Rowdy Sheet against the petitioner vide C.No.24/SDO-K/Genl/2014 on the file of Tekkali Police Station, Srikakulam District in consonance with the orders passed by this Hon'bie Court in W.P.No.24887 of 2022 and batch dated 10.08.2022 pending disposal of the above writ petition. Counsel for the Petitioner; SRI OMKAR D Counsel for the Respondents: GP FOR HOME The Court made the following order: 1 A' APHC010486852022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29726/2022 Between: 1.KOLLA LAVAKUMAR, S/0.LATE YERRANNA. AGED 28 YEARS, R/O.KOTHACHERI STREET, PRESENTLY RESIDING AT NELLURU VEEDHI, TEKKALI TOWN AND MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS AT MANGALAGIRI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT. 4.THE SUBDIVISIONAL POLICE OFFICER, TEKKALI SUB-DIVISION, TEKKALLSRIKAKULAM DISTRICT. 5.THE INSPECTOR OF POLICE, TEKKALI CIRCLE, SRIKAKULAM DISTRICT. 6.THE STATION HOUSE OFFICER, TEKKALI POLICE STATION SRIKAKULAM 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 to issue a writ or order direction more particularly one in the nature of 2 writ of mandamus declaring the high-handed action of the respondents in opening the impugned Rowdy Sheet against the petitioner on the file of Tekkali Police Station, Tekkali Mandal, Srikakulam District,Vide C.No.24/SDO- K/Gen1/2014 against the petitioner, as highly illegal, arbitrary, unconstitutional, unjust and violative of principles of natural justice, rule of law and against Article 14 and against the true letter and spirit of Right to Privacy contemplated under Article 21 of the Constitution of India and against the orders passed by this Hon'ble Court in W.P.No.24887 and batch dated 10.08.2022, consequentially direct the respondents herein to close the The Rowdy Sheet against the petitioner vide C.No.24/SDO-K/Gen1/2014 on the file of Tekkali Police Station, Srikakulam District in consonance with the orders passed by this Hon'ble Court in W.P.No.24887 and batch dated 10.08.2022 and to pass IA NO: 1 OF 2022 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 respondents herein to Suspend/Close the Rowdy Sheet against the petitioner vide C.No.24/SDO-K/Genl/2014 on the file of Tekkali Police Station, Srikakulam District in consonance with the orders passed by this Hon'bie Court in W.P.No.24887 of 2022 and batch dated 10.08.2022 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.0MKAR D Counsel for the Respondent{S): 1.GP FOR HOME f ' 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29726/2022 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: 1 'i “...pleased to issue a writ or order direction more particularly in the nature of writ of mandamus declaring the high-handed action of the respondents in opening the impugned Rowdy Sheet against the petitioner on the file of Tekkali Police Station, Tekkali Mandal, Srikakulam District, vide C.No.24/SDO-K/Gen1/2014 against the petitioner, as highly illegal, arbitrary, unconstitutional, unjust and violative of principles of natural Justice, rule of law and against Article 14 and against the true letter and spirit of Right to Privacy contemplated under Article 21 of the Constitution of India and against the orders passed by this Hon'ble Court in W.P.No.24887 and batch dated 10.08.2022, conseguentially direct the respondents herein to close the Rowdy Sheet against the petitioner vide C.No.24/SDO- K/Gen1/2014 on the file of Tekkali Police Station, Srikakulam District consonance with the orders passed by this Hon'ble Court in W.P.No.24887 and batch dated 10.08.2022 and to one in pass... 2. Sri V.Farooq. learned Assistant Government Pleader for Home, by of counter affidavit, would submit that the way cases registered against the Petitioner were ended in acquittal. It is further stated that, to curb and curtail the unlawful activities of the Petitioner in the vicinity, rowdy sheet was opened against the Petitioner. Sri D.Omkar, learned counsel for the Petitioner would submit that cases are pending against the Petitioner. 4. Considering the submissions made, the Writ Petition is allowed and the impugned rowdy sheet against the Petitioner on the file of Tekkali Police 3. no 4 Station, Tekkali Mandal, Srikakulam District vide C.No.24/SDO-K/Genl/2014, '' is hereby set aside. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY SEC N OFFICER To, 1. The Principal Secretary, Home Department, Secretariat Velagapudi, Amaravati, Guntur District. 2. The Director General of Police, Police Head Guntur District. 3. The Superintendent of Police, Srikakulam District. 4. The Sub-Divisional Police Officer, Srikakulam District. 5. The Inspector of Police, Tekkali Circle, Srikakulam District. 6. The Station House Officer, Tekkali Police Station 7. One CC to Sri Omkar D Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh 9. Two CD Copies Buildings at Quarters at Mangalagiri, Tekkali Sub-Division, Tekkali Srikakulam District. [OUT] TF HIGH COURT DATED:05/08/2025 g 19 AUG 2025 ^ ^ Current Sectton ^ ORDER WP NO. 29726 OF 2022 ALLOWING THE W.P., WITHOUT COSTS