YANDAMALA SWAROOP KUMAR v. The State of Andhra Pradesh,
WP/28518/2024 · 2025-02-24
B V L N Chakravarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34638 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34638 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 28518 OF 2024 IN MONDAY, THE Between:
1. Yandamala Swaroop Kumar, S/o. Aseervadam, Aged about 69 years R/o. Mamidipalem, Ongole, Prakasam District. 2. Komalapati Ravi, S/o. Venkateswarlu, Aged about 63 years Mamidipalem, Ongole, Prakasam District. 3. Paleti Jerusha, W/o. T. Ravi Kumar, Aged about 32 years Kabadipalem, Ongole, Prakasam District. 4. Kravadi Madhri, S/o. Babu Rao, Aged about 31 years, R/o. Manidipalem, Ongole, Prakasam District. , R/o. R/o. ...PETITIONERS AND of Andhra Pradesh, Rep. by its Principal Secretary, Home Secretariat Buildings, Velagapudi, Amaravati, Guntur
1. The State Department District. 2. The District. 3. The Superintendent of Police, Ongole, Prakasam District. 4. The Deputy Superintendent of Police, Ongole, Prakasam District. Officer, II Town Police Station, Ongole, Prakasam District Collector and Executive Magistrate, Ongole, Prakasam
5. The Station House District ...RESPONDENTS 226 of the Constitution of India praying that in Petition under Article the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly
one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents 2 to 5 in not acting upon the representation dated 15.11.2024 despite of receiving the same on even dates as arbitrary, illegal, failure to exercise power, violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents 2 to 5 to act upon the representation made by initiating action against the persons mentioned therein. 0 lA NO: 1 OF 2024 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 2 to 5 to consider representation dated 15.11.2024, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI S. DILIP JAYA RAM Counsel for the Respondent Nos.1 to 5: GP FOR HOME The Court made the following: ORDER
APHC010539082024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3368] PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 28518/2024 Between:
1.YANDAMALA SWAROOP KUMAR, S/0. ASEERVADAM, AGED ABOUT 69 YEARS, R/0.
MAMIDIPALEM, ONGOLE, PRAKASAM DISTRICT. 2.KOMALAPATI RAVI,, S/0. VENKATESWARLU, AGED ABOUT 63 YEARS, R/0. MAMIDIPALEM, ONGOLE, PRAKASAM DISTRICT. 3.PALETI JERUSHA,, W/0. T. RAVI KUMAR, AGED ABOUT 32 YEARS, R/0. KABADIPALEM, ONGOLE, PRAKASAM DISTRICT. 4.KRAVADI MADHRI,, S/0. BABU RAO, AGED ABOUT 31 YEARS, R/0. MANIDIPALEM DISTRICT. ONGOLE, PRAKASAM ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME SECRETARIATE BUILDINGS, AMARAVATI, GUNTUR DISTRICT. DEPARTMENT, VELAGAPUDI, 2.THE DISTRICT COLLECTOR AND EXECUTIVE MAGISTRATE, ONGOLE, PRAKASAM DISTRICT. 3.THE SUPERINTENDENT OF POLICE, ONGOLE. PRAKASAM DISTRICT. 2 4.THE DEPUTY SUPERINTENDENT OF POLICE PRAKASAM DISTRICT. ^ OFFICER, II TOWN POLICE STATION, ONGOLE, PRAKASAM DISTRICT ONGOLE ...RESPONDENT(S): Counsel for the Petitioner:
1.S DILIP JAVA RAM Counsel for the Respondent(S):
1.GPFOR HOME(AP) The Court made the following:
3 the honourable SRI JUSTICE WRIT PETITION No.28filfi/9no/^ B V L N CHAKRAVARTHI Q-R D E R: The Writ Petition is filed under Article 226 Constitution to issue a Writ, Order or Direction, in the nature of Writ of Mandamus of the more particularly to declaring the action of in not acting upon the representation receiving the same on even dates one the Respondents 2 to 5 i dated 15.11.2024 despite of as arbitrary, illegal, failure to 14 and 21 of the Constitution of India Respondents 2 to 5 to initiating action against the exercise power, violative of Articles and consequently direct the act upon the representation made by persons mentioned therein. 2. Heard Sri S.Dilip Jaya Ram, petitioner and Sri V.Farook Pleader for Home.
learned counsel for the learned Additional Government
3. Learned Addl.Govt. instructions would submit that the Pleader for Home on written respondents/police cold not consider the report of the petitioner, as it does contain the details of the persons causing inconvenience to the petitioner.
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4.
Learned counsel for the petitioner would submit that he will present fresh representation with full details. Considering the submissions of the learned Additional Government Pleader for Home and learned counsel for petitioner, this Court is of the considered opinion that the writ petition can be
disposed of at the stage of admission without going into merits of the case, giving liberty to the petitioner to present fresh representation to the 5**^ respondent/police furnishing all details. On such representation, the 5'^ respondent shall consider and take action on the same, as per the procedure established by law, within two (02) weeks from the date of receipt of representation from the petitioner.
5.
6. Accordingly, the Writ Petition is disposed of at the stage of admission with above direction. There shall be no order as to costs. As a sequel thereto, the interlocutory applications, if any pending in this Writ Petition shall stand closed.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// < SECTION OFFICER To,
1. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
2. The District Collector and Executive Magistrate, Ongole, Prakasam District.
3. The Superintendent of Police, Ongole, Prakasam District.
4. The Deputy Superintendent of Police, Ongole, Prakasam District.
5. The Station House Officer, II Town Police Station, Ongole, Prakasam District
6. One CC to Sri S. Dilip Jaya Ram, Advocate [OPUC]
7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies. ssb
HIGH COURT DATED:24/02/2025
ORDER WP.No.28518of 2024 C 0 3 MAR 2025 ^ . Current Section ^ S-.
DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS