Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 39055 (AP)

MATHA SRINIVAS v. The State of Andhra Pradesh,

WP/38809/2018 · 2025-07-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

> \ APHC010802722018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) '1 s v.O V THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE V-. PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 38809 OF 2018 Between: Matha Srinivas, S/o. Late Makaiah, Aged 44 years, Occ: Private Service, R/o. New Colony, Kasibugga Town, Palasa Mandal, Srikakulam District, State of Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh State. 3. The Director of Social Welfare, State of Andhra Pradesh Velagapudi, Amaravathi, Guntur District. 4. Mr Dhananjaya Reddy, The District Collector and District Magistrate & Chairman, District SC and ST Atrocities Review Committee, Srikakulam District, At Srikakulam. 5. Mr Venkateshwara Rao, The Revenue Divisional Officer, and Sub Division Magistrate, Tekkali Division, Srikakulam District, AtTekkali. 6. Mr Barla Prasad Rao, The Deputy Superintendent of Police, Kasibugga Division, Srikakulam District, At Kasibugga Town. 7. Mr Kalyan Chakravarthy, The Tahsildar and Executive Magistrate, Palasa Mandal, Srikakulam District, Andhra Pradesh at Palasa. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in 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 inaction of the respondents No.4 to 7 in not acting upon the complaint of the petitioner dt.8- 10-2018 in respect of the violation of the directions of the Hon'ble High Court in W.P.No.20170 of 2018 dt.10-06-2018 and 10-10-2018 pertaining to the land earmarked for the petitioner's colony in Sy.No.207/2 or Sy.No.207/2B of Harijana Colony, Kasibugga Town, Srikakulam District is violative of the mandatory provision contained in Sec.17 of the SC and ST (P.O.A.) Act, 1989 and consequently direct the respondents 1 and 2 to institute appropraite proceedings against the respondents No.4 to 7 for their wilful neglect of duties. lA NO: 1 OF 2018 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Court may be pleased to direct the respondents No.4 to 7 to take ergent action in terms of Sec. 17 of the S.C. and S.T. (P.O.A.) Act, 1989 on complaint submitted to them on 8-10-2018 in respect of the schedule land enn the SyNo.207/2 or Sy.No.207/2B of Harijana Colony, Kasibugga Town, District in terms of the directions of the Hon'bel High Court in in Srikakulam ,DMn 20170 of 2018 dt.10-06- 2018 and 10-10-2018, pending disposal of ^ain writ petition. the psel for Petitioner: SRI S. TULASI DAS psel for the Respondent No.1 : GP FOR REVENUE Counsel for the Respondent No.2 : GP FOR HOME Counsel for the Respondent No.3 :GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.4 to 7 : NONE APPEARED Court made the following order: Cou Cou The p' % APHC010802722018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 38809/2018 Between; 1.MATHA SRINIVAS, S/0 LATE MAKAIAH, AGED 44 YEARS, OCC- R/0 NEW COLONY, KASIBUGGA TOWN, PALASA MANDAL, SRIKAKULAM DISTRICT, STATE OF ANDHRA PRADESH PRIVATE SERVICE ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE VELGAGPUDI, PRADESH STATE. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, VELGAGPUDI, AMARAVATHI PRADESH STATE. 3.THE DIRECTOR OF SOCIAL WELFARE, STATE OF ANDHRA PRADESH VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. MR DHANANJAYA REDDY, THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE 86 CHAIRMAN, DISTRICT SC AND ST ATROCITIES REVIEW COMMITTEE, SRIKAKULAM DISTRICT, AT SRIKAKULAM. 5. MR VENKATESHWARA RAO, THE REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA SECRETARIAT, GUNTUR DISTRICT, ANDHRA AND SUB DIVISION MAGISTRATE, - 1 2 SRIKAKULAM DISTRICT, ATTEKKALI. 6.MR BARLA PRASAD RAO, THE DEPUTY SUPERINTENDENT OF POLICE, KASIBUGGA DIVISION, SRIKAKULAM DISTRICT, AT KASIBUGGA TOWN. 7.MR KALYAN CHAKRAVARTHY, THE TAHSILDAR AND EXECUTIVE PALASA MANUAL, SRIKAKULAM DISTRICT, MAGISTRATE, ANDHRA PRADESH AT PALASA. ...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 toto issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the inaction of the respondents No.4 to 7 in not acting upon the complaint of the petitioner dt.8-10-2018 in respect of the violation of the directions of the Hon'ble High Court in W.P.No.20170 of 2018 dt.10-06-2018 and 10-10-2018 pertaining to the land earmarked for the petitioner's colony in Sy.No.207/2 or Sy.No.207/2B of Harijana Colony, Kasibugga Town, Srikakulam District is violative of the mandatory provision contained ip Sec. 17 of the SC and ST (P.O.A.) Act, 1989 and consequently direct the respondents 1 and 2 to institute appropraite proceedings against the respondents No.4 to 7 for their wilful neglect of duties and to pass lA NO: 1 OF 2018 one 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 No.4 to 7 to take emergent action in terms of Sec.17 of the S.C. and S.T. (P.O.A.) Act, 1989 on the complaint submitted to them on 8- 10-2018 in respect of the schedule land in Sy.No.207/2 or Sy.No.207/2B of Harijana Colony, Kasibugga Town, Srikakulam District in terms of the directions of the Hon'bel High Court in W.P.No.20170 of 2018 dt.10-06- 2018 and 10-10-2018, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1.STULASI DAS Counsel for the Respondent{S): 1.GP FOR HOME(AP) 3 2.GP FOR ASSIGNMENT (AP) 3.GP FOR REVENUE (AP) 4.GP FOR SOCIAL WELFARE (AP) li' I 4 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “....to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not discharging their duties pursuant to registering F.I.R.No. 295/2017 dt 16-11-2017 under Sec. 363 and 366(A) R/w 34 of I.P.C, on the file of the 4th respondent Illegal, arbitrary, unjust and violative of Article 14 and 21 of the Constitution India. Consequently direct the respondents to secure A the custody of minor victim from the hands of the accused duly arresting the accused referred in the said FIR and pass....” as of 2. None represented for the petitioner. 3. Learned Assistant Government Pleader for Home would submit that a the file of Kabibugga Police Station, Srikakulam District, has been registered against the respondent Nos.4 to 7 and the petition may be disposed of. Recording the same, this writ petition is disposed of. There shall be order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand crime in FIR No.206 of 2018 on 4. no closed. //TRUE COPY// Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR To, SECTION OFFICER 2. The Principal Secretary, Department Secretariat, Velagapudi, Amaravathi State. 3. The Director of Social Welfare Amaravathi, Guntur District. 4. One CC to Sri S. Tulasi Das, Advocate [OPUCl 6 Two S ot rp 1°' of Andhra Pradesh [OUT] 7 Two rr! to 1°’ High Court of Andhra PradeU [OUTl 8.' Two CD Corries Welfare, High Court of Andhra Pradesh [OUT] Of Home, State of Andhra Pradesh Guntur District, Andhra Pradesh State of Andhra Pradesh Velagapudi HIGH COURT DATED:17/07/2025 ORDER WP NO. 38809 OF 2018 DISPOSING OF THE W.P. WITHOUT COSTS