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2025 DAILYLAW 40619 (AP)

MOHAMMAD YAKHUB v. THE STATE OF AP

WP/15134/2024 · 2025-12-02

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010300702024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15134/2024 Between: 1. MOHAMMAD YAKHUB, S/O. NAZEER, AGED ABOUT 47 YEARS, OCC PETTY BUSINESS R/O.DOOR NO.11-20/18, HANUMAN PETA, KANCHIKACHERLA VILLAGE AND MANDAL, NTR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, BUILDINGS,VELAGAPUDI, GUNTUR DISTRICT. 2. THE POLICE COMISSIONER, VIJAYAWADA, N.T.R.DISTRICT. 3. THE STATION HOUSE OFFICER, KANCHIKACHERLA KANCHIKACHERLA, N.T.R.DISTRICT. 4. VARADABOINA BRAHMAM, FATHER NAME NOT KNOWN TO THE PETITIONER. EXECUTIVE OFFICER/PANCHAYATH SECRETARY, KANCHIKACHERLA PANCHAYATH, N.T.R.DISRICT. 5. I SUBBA RAO, JUNIOR ASSISTANT, KANCHIKACHERLA GRAM PANCHAYATH, KANCHIKACHERLA, N.T.R.DISTRICT. 6. BUSHANAM, CONTRACT WORKER, KANCHIKACHERLA GRAM PANCHAYATH, KANCHIKACHERLA, N.T.R.DISTRICT. 7. BABU, , CONTRACTOR OF GRAM PANCHAYATH, KANCHIKACHERLA VILLAGE R/O.MAGULURU VILLAGE, KANCHIKACHERLA MANDAL, N.T.R.DISTRICT. 2 8. PASHA, OWNER OF JCB BEARING NO.3399 KANCHIKACHERLA MANDAL, N.T.R.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 issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No. 2 and 3 in acting my complaint, dated 02-07-2024 wherein I have requested to take action against the respondents No.4 to 8 for demolishing my two shops constructed in Sy.No.443/4 with Door No.11-295, assessment No.4349 of Kanchikacherla Village, Kanchikacherla Mandal, N.T.R. District on 29-06-2024 without of any notice as arbitrary, illegal, apart from being violative of fundamental rights guaranteed to me under Articles, 14, 19 and 21 of Constitution of India and consequently direct the respondents No. 2 and 3 to act on my complaint, dated 02-07-2024 and take action against the respondents No.4 to 8 by registering the FIR for demolition of my shops situated in Sy.No.443/4 with Door No.11-295, assessment No.4349 of Kanchikacherla Village, Kanchikacherla Mandal, N.T.R. District on 29-06-2024 and pass IA NO: 1 OF 2024 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 Nos. 2 and 3 to act on my complaint, dated 02-07- 2024 and take action against the respondents Nos.4 to 8 pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. P V N KIRAN KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15134 of 2024 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 on the part of the respondents No. 2 and 3 in acting my complaint, dated 02-07-2024 wherein I have requested to take action against the respondents No.4 to 8 for demolishing my two shops constructed in Sy.No.443/4 with Door No.11-295, assessment No.4349 of Kanchikacherla Village, Kanchikacherla Mandal, N.T.R. District on 29-06-2024 without of any notice as arbitrary, illegal, apart from being violative of fundamental rights guaranteed to me under Articles, 14, 19 and 21 of Constitution of India and consequently direct the respondents No. 2 and 3 to act on my complaint, dated 02-07-2024 and take action against the respondents No.4 to 8 by registering the FIR for demolition of my shops situated in Sy.No.443/4 with Door No.11-295, assessment No.4349 of Kanchikacherla Village, Kanchikacherla Mandal, N.T.R. District on 29-06-2024 .…” 2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home, on written instructions, would submit that basing on the complaint made by the petitioner, after obtaining permission from the Assistant Commissioner of Police, Nandigama Division, registered a case in Cr.No.236 of 2024 under Section 448, 427 r/w 34 of IPC dated 31.07.2024. 3. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 4 4. Recording the same, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.15134 of 2024 Dated.03.12.2025 UPS 302