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2025 DAILYLAW 39131 (AP)

Kommala Pullaiah v. The State of Andhra Pradesh,

WP/39997/2018 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010830692018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 39997/2018 Between: 1. KOMMALA PULLAIAH, S/O SHANKARAIAH, AGED ABOUT 55 YEARS, OCC. AGRICULTURAL LABOUR, R/O ALMILI VILLAGE, BALAYAPALLI MANDALAM,SPSR NELLORE DISTRICT. 2. KANTEPALLI CHINNA, S/O PEDDA SIDDAIAH, AGED ABOUT 30 YEARS, OCC. AGRICULTURAL LABOUR, R/O ALMILI VILLAGE, BALAYAPALLI MANDALAM,SPSR NELLORE DISTRICT. 3. JAGANNADHAM LAXMAMMA, W/O VENKATESWARLU, AGED ABOUT 41 YEARS, OCC.AGRICULTURAL LABOUR, R/O ALMILI VILLAGE, BALAYAPALLI MANDALAM,SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, NELLORE, SPSR NELLORE DISTRICT.. 3. THE STATION HOUSE OFFICER, BALAYAPALLI POLICE STATION, SPSR NELLORE DISTRICT. 4. KAVURI BRAHMAIAH, S/O KAVURI CHINNAIAH, AGED 40 YEARS, R/O VENKATREDDYPALLY, BALAYAPALLI MANDALAM, SPSR NELLORE DISTRICT. 2 5. MADDURI BRAHMAIAH, S/O MADDURI CHINNAIAH, AGED ABOUT 35 YEARS, R/O VENKATREDDYPALLY VILLAGE, BALAYAPALLI MANDALAM, SPSR NELLORE DISTRICT. 6. KODURU RAVI, S/O KODURI KISTAIAH, AGED ABOUT 34 YEARS, R/O VENKATREDDYPALLY VILLAGE, BALAYAPALLI MANDALAM, SPSR NELLORE DISTRICT. 7. KAVURI CHIRANJEEVI, S/O POTTAIAH, AGED ABOUT 28 YEARS, R/O VENKATREDDYPALLI VILLAGE BALAYAPALLI MANDALARN, SPSR NELLORE 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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No.2 and 3 in taking action against the unofficial respondent Nos. 4 to 7 inspite of the written complaint dt. 17-9-2018 followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional, and to consequently direct the respondent Nos. 2 and 3 herein to forthwith act upon the complaint dt. 17-9-2018 and take action in accordance with law, and to grant IA NO: 1 OF 2018 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 Nos. 2 and 3 herein not to call the petitioners to the police station or in any manner interfere with the personal life and liberty of the petitioners, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner(S): 1. M SUGUNA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “….to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondent No.2 and 3 in taking action against the unofficial respondent Nos. 4 to 7 inspite of the written complaint dt. 17-9-2018 followed by personal visits, as being illegal, arbitrary, unjust and unconstitutional, and to consequently direct the respondent Nos. 2 and 3 herein to forthwith act upon the complaint dt. 17- 9-2018 and take action in accordance with law, and to grant.…” 2. Heard Miss M.Suguna, learned counsel for the petitioners and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that the police are not taking any action on the complaints dated 17.09.2018. 4. Learned Assistant Government Pleader, on written instructions, would submit that the representation of the petitioners has not considered for registration of the case, since it is a matter of civil in nature. 5. Learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 6. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. However, the petitioners are at liberty to work out their remedies according to law before the appropriate forum. There shall be no order as to costs. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 MH 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 137 WRIT PETITION NO: 39997/2018 Dt.21.07.2025 MH