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2025 DAILYLAW 39215 (AP)

Vuyaka Venkati v. State of Andhra Pradesh

WP/40863/2018 · 2025-07-20

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010844892018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) J MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 40863 OF 2018 Between: 1. Vuyaka Venkati, S/o Late Subbarao, Aged 46 years, Occ. Agriculture R/o Chandalangi Revenue Village, Parvathipuram Mandal, Vizianagaram District. 2. Vuyaka Apparao, S/o Late Narasaiah, Aged 48 years, Occ. Agriculture, R/o Chandalangi Revenue Village, Parvathipuram Mandal, Vizianagaram District. 3. Vuyaka Narasaiah, S/o Late Appalaswamy, Aged 42 years, Occ. Pedamariki Panchayat, Pedamariki Panchayat, Agriculture, R/o Chandalangi Revenue Village, Pedamariki Panchayat, Parvathipuram Mandal, Vizianagaram District. 4. Vuyaka Bhanurao, S/o Late Chukkaiah, Aged 38 years, Occ. Agriculture, R/o Chandalangi Revenue Village, Pedamariki Panchayat, Parvathipuram Mandal, Vizianagaram District. ...Petitioners AND 1. State of Andhra Pradesh, Rep. by its PrI. Secretary to Govt., Home Department, Secretariat, Amaravathi, Guntur District. 2. Superintendent of Police, Vizianagaram District, Vizianagaram. 3. Station House Officer, Parvathipuram Rural Police Station, Parvathipuram, Vizianagaram Dist. 4. Vuyaka Pentaiah, S/o Lakshmaiah, Aged 65 years, Occ. Cultivation, R/o Chandalangi Revenue Village, Parvathipuram Mandal, Vizianagaram District. Pedamariki Panchayat r - 5. Vuyaka Sundararao, S/o Pentaiah, R/o Chandalangi Revenue Aged 50 years, Occ. Cultivation, Pedamariki Panchayat, Village, Parvathipuram Mandal, Vizianagaram District. 6. Vuyaka Vijaya Kumar, S/o Pentaiah, Chandalangi Revenue Aged 48 years, Occ. Cultivation, Pedamariki Panchayat, R/o Village, Parvathipuram Mandal, Vizianagaram District 7. Vuyaka Vasu, S/o Pentaiah Aged 45 years, Occ. Cultivation Pedamariki Panchayat, Parvathipuram R/o Chandalangi Revenue Village, Mandal, Vizianagaram District. 8. Vuyaka Subbamma, W/o Suraiah, Chandalangi Revenue Village, Mandal, Vizianagaram District. 9. Mandangi Akkamma, W/o Chinnappa Chandalangi Revenue Parvathipuram Mandal, Vizianagaram District. Aged 42years, Occ. Cultivation Pedamariki Panchayat, Parvathipuram R/o , Aged 40 years, Occ. Cultivation, Pedamariki Panchayat, R/o Village ...Respondents Petition under Article 226 of the Constitution Circumstances stated i pleased to issue MANDAMUS declaring the inaction of India praying that in the in the affidavit filed therewith, the High Court appropriate writ. Order or direction may be particularly a WRIT OF of 3rd respondent on petitioners' complaint dated 15.10.2018 to register a criminal case against the respondent Nos 4 9 for entering into the petitioners fields with armed weapons and hurting them 2 Chandalangi Revenue Village, Pedamariki Panchayat, Parvathipuram Mandal, Vizianagaram District to . . being illegal, irregular, arbitrary, without jurisdiction and principles of natural justice and violative of Articles 14 and 21 of constitution of India and consequently direct the Respondent No. 3 on petitioner's complaint dated 15.10.2018 to register a criminal case under Code of Criminal Procedure, 1973 lA NO: 1 OF as required Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased to direct Respondent No.3 to register a criminal case on petitioner's complaint dated 15.10.2018 as required under Code of Criminal Procedure, 1973 and pass Counsel for the Petitioners: SRI M SOLOMON RAJU Counsel for the Respondents No.1 to 3: GP FOR HOME (AP) Counsel for the Respondents No.4 to 9: None appeared The Court made the following Order: .i. 1 APHC010844892018 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: 40863/2018 Between: 1.VUYAKA VENKATI, S/0 LATE SUBBARAO, AGED 46 YEARS. OCC. AGRICULTURE. R/0 CHANDALANGI REVENUE VILLAGE, PEDAMARIKI PANCHAYAT, PARVATHIPURAM MANDAL, VIZIANAGARAM DISTRICT. 2.VUYAKA APPARAO, S/0 LATE NARASAIAH, AGED 48 YEARS, OCC. AGRICULTURE, R/0 CHANDALANGI REVENUE VILLAGE, PEDAMARIKI PANCHAYAT, PARVATHIPURAM MANDAL, VIZIANAGARAM DISTRICT. 3.VUYAKA NARASAIAH, S/0 LATE APPALASWAMY, AGED 42 YEARS, OCC. AGRICULTURE, R/0 CHANDALANGI REVENUE VILLAGE. PEDAMARIKI PANCHAYAT, PARVATHIPURAM MANDAL. VIZIANAGARAM DISTRICT. 4.VUYAKA BHANURAO, S/0 LATE CHUKKAIAH, AGED 38 YEARS, OCC. AGRICULTURE, R/0 CHANDALANGI REVENUE VILLAGE, PEDAMARIKI PANCHAYAT, PARVATHIPURAM MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER(S) AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY TO HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, GOVT., GUNTUR DISTRICT. 2.SUPERINTENDENT OF POLICE. VIZIANAGARAM DISTRICT, 2 VIZIANAGARAM. 3.STATION HOUSE OFFICER, PARVATHIPURAM RURAL POLICE STATION, PARVATHIPURAM, VIZIANAGARAM DIST. 4.VUYAKA PENTAIAH, S/0 LAKSHMAIAH, CULTIVATION, PEDAMARIKI VIZIANAGARAM DISTRICT. AGED 65 YEARS, OCC. R/0 CHANDALANGI REVENUE VILLAGE, PANCHAYAT, PARVATHIPURAM MANUAL, 5.VUYAKA SUNDARARAO, S/0 PENTAIAH, AGED 50 YEARS, OCC. CULTIVATION, PEDAMARIKI PANCHAYAT, VIZIANAGARAM DISTRICT. R/0 CHANDALANGI REVENUE VILLAGE, PARVATHIPURAM MANUAL, 6.VUYAKA VIJAYA KUMAR, S/0 PENTAIAH, AGED 48 YEARS, OCC. CULTIVATION, PEDAMARIKI PANCHAYAT, VIZIANAGARAM DISTRICT. R/0 CHANDALANGI REVENUE VILLAGE, PARVATHIPURAM MANUAL^ 7.VUYAKA VASU, S/0 PENTAIAH CULTIVATION PEDAMARIKI PANCHAYAT, VIZIANAGARAM DISTRICT. AGED 45 YEARS, OCC. R/0 CHANDALANGI REVENUE VILLAGE, PARVATHIPURAM MANUAL, 8.VUYAKA SUBBAMMA, W/0 SURAIAH, CULTIVATION, PEDAMARIKI VIZIANAGARAM DISTRICT. AGED 42YEARS, OCC. R/0 CHANDALANGI REVENUE VILLAGE, PANCHAYAT, PARVATHIPURAM MANUAL, 9.MANDANGI AKKAMMA, W/0 CHINNAPPA, AGED 40 YEARS, OCC. CULTIVATION, PEDAMARIKI PANCHAYAT, VIZIANAGARAM DISTRICT. R/0 CHANDALANGI REVENUE VILLAGE, PARVATHIPURAM MANUAL, ...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 issue appropriate writ. Order or direction, particularly a WRIT OF MANDAMUS declaring the inaction of 3rd respondent on petitioners' complaint dated 15.10.2018 to register a criminal case against the respondent Nos. 4 to 9 for entering into the petitioners fields with armed weapons and hurting them in Chandalangi Revenue Village, Pedamariki Panchayat, 3 Parvathipuram Mandal, Vizianagaram District as being illegal, irregular, arbitrary, without jurisdiction and principles of natural justice and violative of Articles 14, and 21 of constitution of India and consequently direct the Respondent No. 3 to register a criminal case on petitioner's complaint dated 15.10.2018 as required under Code of Criminal Procedure, 1973 and pass 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 direct Respondent No.3 to register a criminal case on petitioner's complaint dated 15.10.2018 as required under Code of Criminal Procedure, 1973 and pass Counsel for the Petitioner(S); 1.M SOLOMON RAJU Counsel for the Respondent(S); 1.GP FOR HOME(AP) 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 40863/2018 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; . .pleased to issue appropriate writ, Order or direction, particularly a WRIT OF MANDAMUS declaring the inaction of 3rd respondent on petitioners' complaint dated 15.10.2018 to register a criminal case against the respondent Nos. 4 to 9 for entering into the petitioners fields with armed weapons and hurting them in Chandalangl Revenue Village, Pedamariki Panchayat, Parvathipuram Mandal, Vizianagaram District as being illegal, irregular, arbitrary, without jurisdiction and principles of natural Justice and violative of Articles 14, and 21 of constitution of India and consequently direct the Respondent No. 3 to register a criminal case on petitioner's complaint dated 15.10.2018 as required under Code of Criminal Procedure, 1973 and pass...” 2. When the matter is taken up for hearing, Sri M.Solomon Raju, learned counsel for the petitioners would submit that the petition may be disposed of since the relief has become infructuous. 3. Sri Md.Farooq, learned Assistant Government Pleader for Home for the respondents is in attendance. 4. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- A VIJAYA BABU ASSISTANT R^ISTRAR SECTIC)NOFFICER //TRUE COPY// To, 1. OneCCto Sri. M Solomon Raju, Advocate [OPUC] 2. Two CCs to GP for HOME CAP) Hiah Cnnrt nf Anrih ra ProHooh roi ITT HIGH COURT DATED:21/07/2025 ORDER WP NO. 40863 OF 2018 ^ 0 3 SEP 2025 ig rentSectioaX>^ DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS