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2025 DAILYLAW 40916 (AP)

LAM SWAMY DASU v. THE STATE OF ANDHRA PRADESH

WP/6583/2023 · 2025-12-04

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010125332023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. LAM SWAMY DASU, S/o Nagaiah, Hindu, aged about 62 years, Cultivation, R/o Guthikonda Village, Piduguralla Mandal, Guntur District 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Secretary, Home Department, Secretariat Buildings, at Velagapudi, Guntur District, Andhra Pradesh. 2. The Superintendent of Police, Palnadu District Narasaraopet 3. The Station House Officer, Piduguralla P.S., Palnadu District 4. The Sub Inspector of Police, Piduguralla P.S., Pal 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 pleased to issue a writ or order or direction more particularly the nature of WRIT OF MANDAMUS a) declaring the inaction of the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6583 OF 2023 1. LAM SWAMY DASU, S/o Nagaiah, Hindu, aged about 62 years, Cultivation, R/o Guthikonda Village, Piduguralla Mandal, Guntur District ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Secretary, t, Secretariat Buildings, at Velagapudi, Guntur District, 2. The Superintendent of Police, Palnadu District Narasaraopet 3. The Station House Officer, Piduguralla P.S., Palnadu District 4. The Sub Inspector of Police, Piduguralla P.S., Palnadu District ...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 a writ or order or direction more particularly the nature of WRIT OF MANDAMUS a) declaring the inaction of the IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. LAM SWAMY DASU, S/o Nagaiah, Hindu, aged about 62 years, Cultivation, R/o Guthikonda Village, Piduguralla Mandal, Guntur District ...Petitioner 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Secretary, t, Secretariat Buildings, at Velagapudi, Guntur District, ...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 a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS a) declaring the inaction of the respondents in registering the criminal case basing upon reports/complaints dated 05-12-2022 and 28-12-2022 made by the petitioner as illegal and arbitrary and consequently direct them to register the criminal case basing upon reports/complaints dated 05-12-2022 and 28-12-2022 niade by the petitioner forthwith. b) declare that the respondents No.3 and 4 cannot interfere in any civil disputes between the citizens and cannot take on themselves the function of a civil court at the instance of third parties and threatening the petitioner not to enter into their land being illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India apart from being violative of Principles of Natural Justice and pass IA NO: 1 OF 2023 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 pleased to direct the respondents No. 3 and 4 not to interfere with the life, liberty and possession of the Petitioner in respect of property which is pending in O.S. No. 230 of 2022 on the file of Junior Civil Judge's Court, Piduguralla, pending disposal of the main writ petition and pass Counsel for the Petitioner: VENKATA DURGA RAO ANANTHA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 6583 OF 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….pleased to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS a) declaring the inaction of the respondents in registering the criminal case basing upon reports/complaints dated 05-12-2022 and 28- 12-2022 made by the petitioner as illegal and arbitrary and consequently direct them to register the criminal case basing upon reports/complaints dated 05-12-2022 and 28-12-2022 niade by the petitioner forthwith. b) declare that the respondents No.3 and 4 cannot interfere in any civil disputes between the citizens and cannot take on themselves the function of a civil court at the instance of third parties and threatening the petitioner not to enter into their land being illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India apart from being violative of Principles of Natural Justice and pass…” 2. Heard Sri A.Venkata Durga Rao, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for respondents. 3. When the matter is taken up for hearing, Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that since the subject matter in the present petition is civil in nature, the respondent police have not registered the crime on the complaint dated 05-12-2022 and 28-12-2022 made by the petitioner. 4. Recording the above said submission, this Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedies before the appropriate forum according to law. 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: 05-12-2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.6583 of 2023 Dated.05-12-2025 127 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.6583 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 05.12.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV