Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 34277 (AP)

R SIVA JYOTHI v. THE STATE OF AP

WP/27092/2025 · 2025-09-25

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010527232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27092/2025 Between: 1. R SIVA JYOTHI, W/O.DR.SAI PRASAD, AGED ABOUT 55 YEARS, OCC- ADVOCATE, R/O.FIAT NO.401, H.NO.2-2- 647/3/3/1, SAI BRUNDAVAN RESIDENCY, BAGH AMBERPET, HYDERABAD 2. DR.S.SAI PRASAD, S / O. S. PANDURANGAM AGED ABOUT 62 YEARS, OCC- ADVOCATE, R/O.FIAT NO.401, H.NO.2-2- 647/3/3/1, SAI BRUNDAVAN RESIDENCY, BAGH AMBERPET, HYDERABAD ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DIRECTOR, VIGILANCE AND ENFORCEMENT DEPARTMENT SECRETARIATE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. THE SUPERINTENDENT OF POLICE, PUTTAPURATHY, SRI SATYA SAI DISTRICT. 5. THE DEPUTY SUPERINTENDENT OF POLICE, PUTTAPURATHY, SRI SATYA SAI DISTRICT. 6. THE STATION HOUSE OFFICER, PUTTAPARTHY URBAN POLICE STATION, PUTTAPARTHY, SRI SATYA SAI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2 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 a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.6 in not registering the FIR in pursuant to the Complaint dated 30-08-2025 even in spite of the contents of the Complaint disclose the commission of cognizable offence and illegal excavation of the sand and 5 theft of sand worth Rs.90 lakhs, not only damaged the land of the Petitioner but also caused financial loss to the public exchequer by evading the seigniorage fee and royalty etc., not seizing the stolen sand. Tippers Tractors and JCB machines as arbitrary, illegal and violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent No.6 to register the FIR in pursuant to the Complaint dated 30-08- 2025 made by the Petitioner No.l for illegally mining of sand in the land of the Petitioner No.l and committed theft of same by Tippers and Tractors and caused financial loss of Rs.90 lakhs to the Petitioners apart from evading the seign iorage fee and royaltyand caused loss to the public exchequer and conduct proper investigation by the seizing of the stolen property. Tippers and JCB machines forthwith in the interest of justice.” 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioners and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that there may be a direction to the police to look into the Public Grievance Redressal System application of the petitioners and take appropriate steps in accordance with law. 4. Learned Assistant Government Pleader for Home would submit that a Public Grievance Redressal System (PGRS) application, 3 submitted by the petitioners, has been received by the concerned police station and is currently pending for consideration. 5. Considering the submission made, the Writ Petition is disposed of. However, the police are directed to look into the Public Grievance Redressal System (PGRS) application of the petitioners and take appropriate decision over the matter in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _______________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:26.09.2025 ASR 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.27092 of 2025 Dt.26.09.2025 Asr