APHC010158962023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8238/2023 Between: 1. SHAIK ALI MURTHUZA, S/O LATE JAMAL SAHEB, RTI ACTIVIST AND SOCIAL WORKER, MEMBER IN BHARATIYA JANATA PARTY, R/O DR.NO.23-1-690, FATHEKHANPET, NELLORE CITY, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, A.P.SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE DIRECTOR GENERAL OF POLICE POLICE, HEAD QUARTERS MANGALAGIRI, GUNTUR DISTRICT 3. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT 4. THE STATION HOUSE OFFICER, DARGAMITTA POLICE STATION PODALKUR ROAD, SPSR NELLORE DISTRICT 5. ATMAKURU TARA SARASWATI, , W/O LATE A. RAVI KUMAR, HINDU, SC-MADIGA BY CASTE, AGED ABOUT 52 YEARS, PERMANENT R/O DR.NO.OLD 409/A1, NEW 24/1655, AT PRESENT STAYING AT DR.NO.20-02-618, KONETIMITTA, MULAPETA AREA, NELLORE CITY, SPSR NELLORE DISTRICT MOBILE NO. 8688962550, 8121271258, 7995698964 6. KHADAR BASHA, S/O JANI BASHA, MUSLIM, AGED ABOUT 50 YEARS, R/O DR.NO.24-1-1686, BRAHMANANDAPURAM, 2 NELLORE CITY SPSR NELLORE DISTRICT. 7. MANSOOR, , S/O KHADAR BASHA, MUSLIM AGED ABOUT 30 YEARS, R/O DR.NO.24-1-1686, BRAHMANANDAPURAM, NELLORE CITY SPSR NELLORE DISTRICT. 8. N SYAM SUNDAR, S/O CHINNAIAH DARGAMITTA, NELLORE CITY, SPSR NELLORE DISTRICT MOBILE. 9000484897 9. NANDIPATI MALAKONDAIAH, S/O PEDHA MALAKONDAIAH DARGAMITTA, NELLORE CITY, SPSR NELLORE DISTRICT MOBILE. 9000484897 10. KARIPIREDDY RAVINDRANATH REDDY, S/O VENKATESWARLU BRUNDAVANAM COLONY, BHOGOLU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT, MOBILE. 9951890433 11. A SIVAJI RAJU, S/O NOT KNOWN WORKING AS THE DEPUTY SUPERINTENDENT OF POLICE AT CCS POLICE DEPARTMENT, CCS POLICE STATION, NEAR ATMAKURU BUSSTAND, NELLORE CITY, MOBILE.9491081697 SPSR NELLORE DISTRICT, STATE OF ANDHRA PRADESH 12. SHAIK NANNE SAHEB, S/O NOT KNOWN BARCAS CENTRE, NELLORE CITY, SPSR NELLORE DISTRICT-524001 MOBILE. 9393727765 13. TC KRISHNAN, S/O NOT KNOWN BARCAS CENTRE, NELLORE CITY, SPSR NELLORE DISTRICT-524001 MOBILE. 9393727765 ...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 a writ or direction more particularly one in the nature of writ of Mandamus, by declaring the acts of the R2 to R4 in not considering the complaint dated 28.03.2023 filed by the petitioner and threatening him of dire consequences by R4 for addressing the problems of a mentally retarded person in good faith, as illegal, arbitrary, abuse of process of Law, violation of Article 21 of the Constitution of India and contravention to the Law laid down by the Hon'ble Supreme Court of India in the case of Lalitha Kumari vs The Government of UP and derogation of the orders passed by the Government of India in GO No. No.15011/91/2013- SC/ST-W, dated 12.10.2015 in addition to the breach of provisions of The Rights of Persons With Disabilities Act, 2016 3 and consequently direct R3 to take cognizance of the complaint, dated 28.03.2023 filed by the petitioner in accordance with section 154(3) of CRPC and to pass Counsel for the Petitioner: 1. CHINTAGUNTA SRINIVASLU Counsel for the Respondent(S): 1. CHINTAGUNTA SRINIVASLU Counsel for the Respondent(S): 1. GP FOR HOME 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8238 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue a writ or direction more particularly one in the nature of writ of Mandamus, by declaring the acts of the R2 to R4 in not considering the complaint dated 28.03.2023 filed by the petitioner and threatening him of dire consequences by R4 for addressing the problems of a mentally retarded person in good faith, as illegal, arbitrary, abuse of process of Law, violation of Article 21 of the Constitution of India and contravention to the Law laid down by the Hon'ble Supreme Court of India in the case of Lalitha Kumari vs. The Government of UP and derogation of the orders passed by the Government of India in GO No. No.15011/91/2013-SC/ST-W, dated 12.10.2015 in addition to the breach of provisions of The Rights of Persons With Disabilities Act, 2016 and consequently direct R3 to take cognizance of the complaint, dated 28.03.2023 filed by the petitioner in accordance with section 154(3) of CRPC.…” 2. It is represented by the learned counsel representing the petitioner that the learned counsel on record is no more. 3. Sri V.Farook, learned Assistant Government Pleader for Home, on written instructions, would submit that civil suits are pending between the parties. The police have not registered the case basing on the complaint of the petitioner, since the subject matter is purely civil in nature. 3. In that view, since no further arguments are required in this matter, recording the same, this Writ Petition is disposed of. There shall be no order 5 as to costs. However, the petitioner is at liberty to work out his remedies before the appropriate forum according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.12.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.8238 of 2023 Dated.05.12.2025 UPS 260