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2025 DAILYLAW 41513 (AP)

GADDE SOMESWARA RAO v. State of Andhra Pradesh,

WP/2841/2025 · 2025-11-25

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010051762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2841/2025 Between: 1. GADDE SOMESWARA RAO, S/O. RAMACHANDRA RAO, MALE, AGE ABOUT 65 YEARS, R/O. REDDIGANAPAVARAM BUTTAIGUDEM (M), ELURU DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY PRINCIPLE SECRETARY, HOME DEPARTMENT SECRETARIAT BUILDINGS, NELAPADU, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT. 3. THE SUB DIVISIONAL POLICE OFFICER, JANGAREDDYGUDEM SUB DIVISION, JANGAREDDYGUDEM, ELURU DISTRICT 4. THE STATION HOUSE OFFICER, JANGAREDDYGUDEM POLICE STATION, JANGAREDDYGUDEM, ELURU 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 a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.2 to 4 in not taking any action on my complaint Dt. 19.01.2025 and other days to protect our life and limb besides law and order problem at my property an extent of 1041 Sq Yds of site in RS.No.454 of Jangareddigudem Village and Mandal as illegal, irregular, arbitrary and violation of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 3rd respondent to take appropriate action on my complaint dated 19.01.2025 and register the same as a case in crime and produce them before the concerned Executive Magistrate for security for keeping peace and protect law and order situation and pass such Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: “ ... to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.2 to 4 in not taking any action on my complaint Dt. 19.01.2025 and other days to protect our life and limb besides law and order problem at my property an extent of 1041 Sq Yds of site in RS.No.454 of Jangareddigudem Village and Mandal as illegal, irregular, arbitrary and violation of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 3rd respondent to take appropriate action on my complaint dated 19.01.2025 and register the same as a case in crime and produce them before the concerned Executive Magistrate for security for keeping peace and protect law and order situation and pass such ...” Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned Assistant Government Pleader placed on record written instructions and would submit that Police received the complaint from the Petitioner, made an entry in the General Diary, it is a non-cognizable offence, respondent Police made a requisition to the Tahsildar Jagareddigudem Mandal to furnish the information with regard to the boundaries and possession of the subject land, information is awaited, soon after receipt of the same, action will be taken according to law and requested to dispose of the Writ Petition by passing appropriate orders. 3 Learned counsel for the Petitioner would submit that respondent authorities did not conduct any enquiry on the petitioner’s petition. Considering the submissions, since there is a statutory remedy available to the Petitioner under BNSS, 2023, Petitioner is at liberty to work out the remedy before appropriate forum according to law. In that view, this Writ Petition is disposed of. Petitioner is at liberty to work out the remedy before appropriate forum according to law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 2841 of 2025 26.11.2025 Mjl /*