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2025 DAILYLAW 35526 (AP)

GANJI RAJESH v. THE STATE OF AP

WP/29852/2024 · 2025-02-06

B V L N Chakravarthi

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Judgment text

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: IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE | PRESENT lo THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION NO: 29852 OF 2024 T to 1^^ Q IV Between: Aged about 33 years Occ: Agriculture Labour R/o Buttalgudem (Village and Mandal), Eluru District. ...Petitioner AND c® Pradesh Rep by its Principal Secretary, Home Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Eluru District, Eluru. 3. The Sub Divisional Police officer, Polavarm, Eluru District. ^ DisIrSt*^^*^ Inspector of Police, Jeelugumalli Police Station 5. The Station House Officer, Buttaigudem Police Station, Eluru District. ...Respondents Eluru 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 order or direction more particularly one in the respondents 2 nature of Writ of Mandamus by declaring the inaction of the to 5 on petitioners representation dated 01.12.2024 to to the petitioners land admeasuring Ac. 0- 81 Cents in Sy. No. 21/4, Situated at Busarajupalli Village, Lakshmudegudem Gram Panchayat, Buttaigudem Mandal, West Godavari (Eluru) District arbitrary and also violation of Principles of Natural Justice and consequently direct the respondents to forthwith protection to the lands of the petitioner. providing protection as highly illegal. provide the police 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 respondent to forthwith consider the representation submitted by the petitioner dated 01.12.2024 to provide protection to the - petitioners land admeasuring Ac. 0-81 Cents in Sy. No. 21/4, Situated at Busarajupalli Village, Lakshmudegudem Gram Panchayat, Buttaigudem Mandal, West Godavari (Eluru) District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI VUYYURU LAKSHMANA RAO Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010568072024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No; 29852/2024 [3368] Between: > 1.GANJI RAJESH, S/0 GANJI SOMAYYA AGED YEARS ABOUT 33 LABOUR R/0 MANDAL), ELURU OCC AGRICULTURE BUTTALGUDEM (VILLAGE AND DISTRICT. ...PETITIONER AND 1.THE STATE OF AP HOME REP BY ITS PRINCIPAL department, a P VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARY, ^ POLICE, ELURU DISTRICT, tLURU. ’ ^ ELURU D^STI^CT°'^^^ OFFICER, POLAVARM, INSPECTOR OF POLICE, JEELUGUMALLI POLICE STATION, ELURU DISTRICT. HOUSE OFFICER POLICE STATION, ELURU DISTRICT. 5. THE STATION BUTTAIGUDEM ...RESPONDENT(S): 2 Counsel for the Petitioner; 1.VUYYURU LAKSHMANA RAO Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: 3 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No:29852 OF 2024 ORDER: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “ to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the inaction of the respondents 2 to 5 on petitioners representation dated 01.12.2024 to providing protection to the petitioners land admeasuring Ac. 0-81 Cents in Village, Buttalgudem Sy. No. 21/4, Situated at Busarajupalli Lakshmudegudem Gram Panchayat, Mandal, West Godavari (Eluru) District, as highly Illegal, arbitrary and also violation of Principles of Natural Justice and consequently direct the respondents to forthwith provide the police protection to the lands of the petitioner and pass Heard Sri Vuyyuru Lakshmana Rao, learned counsel for 2. the petitioner. Learned Additional Government Pleader for Home on 3. instructions would submit that the matter is purely civil in nature and Police/R5 did not receive any representation from the petitioner. 4 4. In that view of the matter, this Court is of the considered opinion that the matter can be closed at the stage of admission without going into the merits of the case. 5. Accordingly, the Writ Petition is closed at the stage of admission, with a liberty to the petitioner to present a fresh representation to the Station House Officer i.e., R-5, and on such representation, R5 shall take necessary action as per due procedure established by law, on the said representation. There shall be no order as to costs. As a sequel thereto, the interlocutory applications, if pending in this Writ Petition shall stand closed. any. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SEertON OFFICER To 1. One CC to Sri Vuyyuru Lakshmana Rao, Advocate [OPUC] 2. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 3. Two CD Copies RAM t t HIGH COURT ■' ■4 - < i ^.0 V •V '.’• DATED;06/02/2025 , 18 FEB 2025 ^ . Current section TA o\ ORDER WP.No.29852 of 2024 CLOSING THE WP AT THE STAGE OF ADMISSION, WITHOUT COSTS