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2025 DAILYLAW 39209 (AP)

Patil Bande Goud v. The State of Andhra Pradesh

WP/40997/2018 · 2025-07-20

Venkata Jyothirmai Pratapa

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Judgment text

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2^ APHC010850222018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 40997 OF 2018 Between: Patil Bande Goud, S/o. late Patil Basavanna Goud Aged 68 years, Occ: Agriculture R/o. Budagavi Village, Uravakonda Mandal, Ananthapur District- 515 001. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary (Home Dept), Off at. Secretariat, Amaravathi, Krishna District. 2. The Superintendent of Police, Anantapur District, Anantapur. 3. The Deputy Commissioner of Police, Guntakal, Anantapur District. 4. The Station House Officer, Uravakonda Town, Ananthapur District. 5. Patil Shanta Ram, S/o. P.Rajgopal, Aged. 34 years, Occ. Agriculture, R/o. Budagavi Village, Uravakonda Mandal, Ananthapur District-515 001 6. Patil Madhu, S/o. Patil Shanker Goud, Aged.28 years, Occ. Agriculture, R/o. Budagavi Village, Uravakonda Mandal, Ananthapur District-515 001 7. P Rajgopal, S/o. Late P.Hanumantha Goud, Aged. 60 years, Occ. R/o. Budagavi Village, Uravakonda Mandal, Ananthapur Agriculture District-515 001 8. N. Boya Yellappa, S/o. Not Known, Aged.50 years, Occ. Nil, R/o. Nerametla Village, Uravakonda Mandal, Ananthapur District-515 001 At present R/o. Havambavi, Bellary City, Karnataka > ^ *»• - ...Respondents 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 an appropriate writ order or direction, more particularly a writ in the nature of writ of Mandamus, declaring the inaction of Respondents 2 to 4 in not investigating and registering an FIR on the Complaints dt. 08/10/2016 and 11/12/2017 of the Petitioner against the Respondents 5 to 8 in respect of obtaining forcefully by use of criminal force three Registered Sale Deeds of Agricultural Land in Sy.Nos. 67 and 79B to an extent of Ac.8.89 Cents situated at Budagavi Village, Uravakonda Mandal, Anantapur District, in favour of Respondents 5 and 6 is arbitrary, illegal and in violation of Secs. 154 and 156 of Cr.P.C. and Article 14 of Constitution of India and in violation of Principles of natural justice and consequently direct the Respondents 2 investigate and register an FIR to 4 to as per Sec.156 of Cr.P.C. against the Respondents 5 to 8 on the Complaint of the Petitioner dt. 11/12/2017 as per law, in the interest of justice. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass interim direction to the Respondents 2 to 4 to consider and take appropriate action on my Complaint dt. 11/12/2017 against the Respondents 5 to 8 named in the Complaint U/Sec. 156 of Cr.P.C. pending the above Writ Petition in the interest of justice. Counsel for the Petitioner: SRI SHAFATH AHMED KHAN Counsel for the Respondent Nos. 1 to 4 : GP FOR HOME Counsel for the Respondent Nos.5 to 8 : SRI M. KARIBASAIAH The Court made the following order: APHC010850222018 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: 40997/2018 Between; 1 PATH BANDE GOUD, S/0. LATE PAUL BASAVANNA GOUD AGED R/0. BUDAGAVl VILLAGE, 68 YEARS, OCC. AGRICULTURE URAVAKONDA MANDAL, ANANTHAPUR DISTRICT-515 001. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY (HOME DEPT), OFF AT. SECRETARIAT, AMRAVATHI, KRISHNA DISTRICT. SUPERINTENDENT OF POLICE, ANANTAPUR DISTRICT, ANANTAPUR. 3.THE DEPUTY COMMISSIONER OF ANANTAPUR DISTRICT. 4.THE STATION ANANTHAPUR DISTRICT. 5. PATH SHANTA RAM, S/0. P.RAJGOPAL, AGED. 34 YEARS, OCC. AGRICULTURE, R/0. BUDAGAVl VILLAGE, URAVAKONDA MANDAL, ANANTHAPUR DISTRICT-515 001 6.PATH MADHU, S/0. PATH SHANKER GOUD, AGED.28 YEARS, OCC. AGRICULTURE, R/O. BUDAGAVl VILLAGE, URAVAKONDA MANDAL, ANANTHAPUR DISTRICT-515 001 7 P RAJGOPAL, S/0. LATE P.HANUMANTHA GOUD, AGED. 60 2.THE POLICE, GUNTAKAL, URAVAKONDA TOWN, HOUSE OFFICER, 2 YEARS, OCC. AGRICULTURE, URAVAKONDA MANUAL, ANANTHAPUR DISTRICT-515 001 AGED.50 YEARS, OCC. NERAMETLA VILLAGE, URAVAKONDA MANUAL, ANANTHAPUR DISTRICT-515 001 AT PRESENT R/0 HAVAMBAVI BELLARY CITY, KARNATAKA R/0. BUDAGAVI VILLAGE, 8.N BOYA YELLAPPA, S/0. NOT KNOWN, NIL, R/O. ...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 a writ in the nature of writ of Mandamus, declaring the inaction of Respondents 2 to 4 in not investigating and registering an FIR on the Complaints dt. 08/10/2016 and 11/12/2017 of the Petitioner against the Respondents 5 in respect of obtaining forcefully by use of criminal force three Registered Sale Deeds of Agricultural Land in Sy.Nos. 67 and 79B to to 8 an extent of Ac.8.89 Cents situated at Budagavi Village, Uravakonda Mandal, Anantapur District, in favour of Respondents 5 and 6 is arbitrary, illegal and in violation of Secs. 154 and 156 of Cr.P.C. and Article 14 of Constitution of India and in violation of Principles of natural justice and consequently direct the Respondents 2 investigate and register an FIR to 4 to per Sec.156 of Cr.P.C. against the Respondents 5 to 8 on the Complaint of the Petitioner dt. 11/12/2017 as per law, in the interest of justice and pass as lA 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 pass interim direction to the Respondents 2 to 4 to consider and appropriate action on my Complaint dt. 11/12/2017 against the Respondents 5 to 8 named in the Complaint U/Sec. 156 of Cr.P.C. pending the above Writ Petition in the interest of justice and pass Counsel for the Petitioner; 1.SHAFATH AHMED KHAN Counsel for the Respondent(S): 1.GP FOR HOME (AP) 2.M KARIBASAIAH take 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 particularlya writ in the nature of writ of Mandamus, declaring the inaction of Respondents 2 to 4 in not investigating and registering an FIR on the Complaints dt. 08/10/2016 and 11/12/2017 of the Petitioner against the Respondents 5 to 8 in respect of obtaining forcefully by use of criminal force three Registered Sale Deeds of Agricultural Land in Sy.Nos. 67 and 79B to an extent of Ac.8.89 Cents situated at Budagavi Village, Uravakonda Mandal, Anantapur District, in favour of Respondents 5 and 6 is arbitrary, illegal and in violation of Secs. 154 and 156 of Cr.P.C. and Article 14 of Constitution of India and in violation of Principles of natural justice and consequently direct the Respondents 2 to 4 to investigate and register an FIR as per Sec.156 of Cr.P.C. against the Respondents 5 to 8 on the Complaint of the Petitioner dt. 11/12/2017 as per law, in the interest of justice and pass....” Heard Sri Shafath Ahmed Khan, learned counsel for the petitioner and 2. Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that the police are not taking any action on the complaints dated 08.10.2016 andl 1.12.2017, against the respondent Nos.5 to 8. 4. Learned Assistant Government Pleader, on written instructions, would submit that the representations of the petitioner have not considered for registration of the case, since it is a matter of civil in nature. Learned counsel for the petitioner would submit that recording the 5. same, the petition may be disposed of. 6. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. However, the petitioner is at liberty to work out 4 his remedies according to law before the appropriate forum. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SD/- G. HELA NAIDU ASSISTANT REGISTRAR JI ^ SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary (Home Dept), State of Andhra Pradesh, Off at Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Anantapur District, Anantapur. 3. The Deputy Commissioner of Police, Guntakal, Anantapur District. 4. The Station House Officer, Uravakonda Town, Ananthapur District. 5. One CC to Sri Shafath Ahmed Khan, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. One CC to Sri M. Karibasaiah, Advocate [OPUC] 8. Two CD Copies Cnr HIGH COURT DATED:21/07/2025 ORDER WP NO. 40997 OF 2018 Cf\ ml 5( 0 9 SEP 2025 Co" DISPOSING OF THE W.P. WITHOUT COSTS