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2025 DAILYLAW 42116 (AP)

JONNALAGADDA SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

WP/29837/2024 · 2025-12-03

Venkata Jyothirmai Pratapa

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010569882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29837 OF 2024 Between: 1. JONNALAGADDA SRINIVASA RAO, Son of Narasimha Rao, Hindu, aged about 48 years. Agriculture, Residing at Gaddamanugu Village, G. Konduru Mandalam, N.T.R District ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Prl.Secretary to Government, Home Department, Secretariat Buildings, Velagapudi, Amravati, Guntur District. - 2. The Commissioner of Police, NTR Police Commissionerate, Suryaraopeta Vijayawada 3. The station House officer, Kanchikacharla Police Station, Kanchikacharla Village and Mandalam, N.T.R. District. 4. Ancha Phani, Son of Ancha Sambasiva Rao, Hindu, aged about 35 years. Cultivation and Properties, residing at Kanchikacharla Village, Kanchikacharla Mandalam, 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 topleased to issue a Writ order or direction more particular one in the nature of Writ of Mandamus by declaring the action of the respondents No. 2 and 3 herein in not taking any action on petitioners complaint dated. 14.11.2024 and against the respondent No.4 with regard to the Cognizable offence and not 19.11.2024 proceeding further by conducting investigation and taking action against the respondent No.4 and in also not providing Police protection to the his agricultural lands an extent of Ac. 1.81 Cents ofpetitioner and agricultural land in R.S.No.27/2Bl situated in Knchikacherla village, Kanchikacherla Mandalam, N.T.R.District, erstwhile Krishna District, pursuant the Decree and Judgment in O.S.No.246 of 2021 on the file of Additional civil Judge (Junior Division), Nandigama as illegal and in gross violation of Article 14, 21 and 300-A of the Constitution of India and also contrary to the Judgement in Lalitha Kumari Vs Government of UP and others reported in (2014) 2 SCC 1 and consequently direct the respondents 2 and 3 to consider petitioners complaint dated 19.11.2024 against the respondent No.4 in accordance with law and further direct the respondents 2 and 3 to grant them to police protection to safeguard petitioners possession over the land an extent of Ac. 1.81 Cents of agricultural land in R.S.N0.27/2B1 situated in Knchikacherla village, Kanchikacherla Mandalam, N.T.R.District, erstwhile Krishna District 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 pleased to direct the respondent Nos. 2 and 3 to consider the complaint dt. 19.11.2024 submitted by the petitioner against the respondent No.4 with regard to Cognizable offence and take further action pending disposal of the main writ petition and pass Counsel for the Petitioner: KRISHNA RAO PARITALA Counsel for the Respondents: GP FOR HOME THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29837 OF 2024 The Court made the following order: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ order or direction more particular one in the nature of Writ of Mandamus by declaring the action of the respondents No. 2 and 3 herein in not taking any action on petitioners complaint dated. 14.11.2024 and against the respondent No.4 with regard to the Cognizable offence and not 19.11.2024 proceeding further by conducting investigation and taking action against the respondent No.4 and in also not providing Police protection to the his agricultural lands an extent of Ac. 1.81 Cents ofpetitioner and agricultural land in R.S.No.27/2Bl situated in Knchikacherla village, Kanchikacherla Mandalam, N.T.R.District, erstwhile Krishna District, pursuant the Decree and Judgment in O.S.No.246 of 2021 on the file of Additional civil Judge (Junior Division), Nandigama as illegal and in gross violation of Article 14, 21 and 300-A of the Constitution of India and also contrary to the Judgement in Lalitha Kumari Vs Government of UP and others reported in (2014) 2 SCC 1 and consequently direct the respondents 2 and 3 to consider petitioners complaint dated 19.11.2024 against the respondent No.4 in accordance with law and further direct the respondents 2 and 3 to grant them to police protection to safeguard petitioners possession over the land an extent of Ac. 1.81 Cents of agricultural land in R.S.N0.27/2B1 situated in Knchikacherla village, Kanchikacherla Mandalam, N.T.R.District, erstwhile Krishna District and pass such other order or orders…” 2. Heard learned counsel for the petitioner and also heard Sri. V.Farooq, learned Assistant Government Pleader for Home representing the official 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 after receipt of the complaint from the petitioner, police have enquired into the issue and found the contents are false and therefore, no registered any crime. 4. Recording the submission of learned Assistant Government Pleader, this writ petition is disposed of. The petitioner is at liberty to work out his remedies before the appropriate forum according to the law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 04.12.2025 Ksj