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2025 DAILYLAW 40926 (AP)

Sri Potluri Ramaswamy v. State of Andhra Pradesh

WP/22629/2021 · 2025-10-28

Venkata Jyothirmai Pratapa

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Judgment text

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1 APHC010362422021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22629 OF 2021 Between: 1. Sri PotluriRamaswamy, S/o Late Sri PotluriLakshmanaSwamy, aged about 77 years, Cultivation, residing at D. No. 59A-21/3-31B. F2, Sujana Residency, Guthikondavari Street, Vijayanagara Colony, Autonagar, Vijayawada Urban, Krishna District 520007 2. Smt. MalepatiJanaki Devi, W/o Sri Rama Naidu, aged about years, Cultivation, residing at 79 years, presently Residing at D. No. 59A-21/3-31B. F2, Sujana Residency, Guthikondavari Street, Vijayanagara Colony, Autonagar, Vijayawada Urban, Krishna District 520007 3. Smt. ThotakuraGayathri, W/o Sri Srinivas, residing at D. No. 7-576, TCR Colony, Vasantha Nagar, Kanuru, Vijayawada. Krishna District ...Petitioners AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Home, Secretariat Buildings, Amaravathi, Guntur District. 2. The Director General of Police, Government of Andhra Pradesh, Tadepalli, Guntur District. 3. The Crime Investigation Department CID, Government of Andhra Pradesh Rep. by the Additional Director General of Police, Amaravathi, Guntur District. 4. The District Collector, Krishna District, Machilipatnam. 2 5. The Superintendent of Police, Krishna District, Machilipatnam. 6. The Deputy Superintendent of Police, Nuzvid, Krishna District. 7. Station House Officer, Nuzvid Rural Police Station, Nuzvid, Krishna District. 8. Sri RaghunadhaSwamy, Devasthanam, rep. by its Executive Officer, Temple Road, Gollapalli Village, Nuzvid Mandal, Krishna 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 toto issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the impugned action of the respondents in not taking appropriate action against the culprits who committed criminal offences by decreasing the effect of the gravity of the offences by registering the offences referred to in FIR No. 481 of 2321 of Nuzvid Rural Police Station thereby marginalizing the effect on the offenders in the crime as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14 and the guarantee under Article 300-A of the Constitution of India, and the principles of natural justice and fair play and consequently direct the criminal case to be entrusted to the CID, AP, the 3rd respondent herein for further investigation and to render complete justice and further direct the respondents herein not to allow any third parties to interfere with the peaceful physical possession and continuous enjoyment in respect of the land of an extent of about Ac. 26.92 Cents in R S Nos. 205/3, 205/5, 250/11 and 251, 252 of Vempadu Village of Nuzvid Mandal, Krishna District, an extent of about Ac. 16.74 situate in R. S. No. 205/3P1 of Vempadu Village of Nuzvid Mandal, Krishna District and an extent of about Ac. 16.50 cents situate in R. S. No. 252/1 of Vempadu Village of Nuzvid Mandal, Krishna District, thereby a total extent of about Ac. 60.16, the cultivators of the lands belonging to Sri RaghunadhaSwamyDevasthanam, Temple Road, Gollapalli Village, Nuzvid Mandal, Krishna District 521 111, the 8th respondent herein, in 3 any manner whatsoever including dispossessing the petitioner herein there from. IA NO: 1 OF 2021 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 herein not to allow any third parties to interfere with the peaceful physical possession and continuous enjoyment of the petitioners in respect of the land of the extent of about Ac. 26.92 Cents in R S Nos. 205/3, 205/5, 250/11 and 251, 252 of Vempadu Village of NuzvidMandal, Krishna District, an extent of about Ac. 16.74 situate in R. S. No. 205/3P1 of Vempadu Village of Nuzvid Mandal, Krishna District and an extent of about Ac. 16.50 cents situate in R. S. No. 252/1 of Vempadu Village of Nuzvid Mandal, Krishna District, thereby a total extent of about Ac. 60.16, the cultivators of the lands belonging to Sri RaghunadhaSwamyDevasthanam, Temple Road, Gollapalli Village, Nuzvid Mandal, Krishna District 521 111, the 8th respondent herein, in any manner whatsoever including dispossession, pending disposal of the above writ petition and pass. Counsel for the Petitioners: YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:PULIPATI RADHIKA Counsel for the Respondents:SPL.PUBLIC PROSECUTOR FOR CID The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22629 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…….o issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the impugned action of the respondents in not taking appropriate action against the culprits who committed criminal offences by decreasing the effect of the gravity of the offences by registering the offences referred to in FIR No. 481 of 2321 of Nuzvid Rural Police Station thereby marginalizing the effect on the offenders in the crime as arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14 and the guarantee under Article 300-A of the Constitution of India, and the principles of natural justice and fair play and consequently direct the criminal case to be entrusted to the CID, AP, the 3rd respondent herein for further investigation and to render complete justice and further direct the respondents herein not to allow any third parties to interfere with the peaceful physical possession and continuous enjoyment in respect of the land of an extent of about Ac. 26.92 Cents in R S Nos. 205/3, 205/5, 250/11 and 251, 252 of Vempadu Village of Nuzvid Mandal, Krishna District, an extent of about Ac. 16.74 situate in R. S. No. 205/3P1 of Vempadu Village of Nuzvid Mandal, Krishna District and an extent of about Ac. 16.50 cents situate in R. S. No. 252/1 of Vempadu Village of Nuzvid Mandal, Krishna District, thereby a total extent of about Ac. 60.16, the cultivators of the lands belonging to Sri RaghunadhaSwamyDevasthanam, Temple Road, Gollapalli Village, Nuzvid Mandal, Krishna District 521 111, the 8th respondent herein, in any manner whatsoever including dispossessing the petitioner herein there from….” 2. None represented for the petitioners. 3. Sri V.Farooq, learned Assistant Government Pleader for Home, would submit that investigation in this matter is completed and charge-sheet is also filed. 5 4. Learned counsel for respondent No.8 would submit that the case is pending trial before the Special Magistrate, First Class, Nuzvid, vide C.C. No.149 of 2022. 5. Recording the same, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed. _________________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 29.10.2025 KKV 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 54 WRIT PETITION NO:22629 OF 2021 Date: 29.10.2025 KKV 7 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.22629 of 2021 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 29.10.2025 Dr.VJP,J The Writ Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV