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2025 DAILYLAW 46645 (AP)

SEERAM DURGA BHAVANI v. THE STATE OF AP

WP/15252/2024 · 2025-12-02

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010303742024 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: 15252/2024 Between: 1. SEERAM DURGA BHAVANI, W/O. LATE NAGESHWARA RAO, AGED ABOUT 70 YEARS, OCC HOUSEWIFE, 2. SEERAM LAKSHMAN KUMAR,, S/O. LATE NAGESHWARA RAO, AGED ABOUT 30 YEARS, OCC BUSINESS, BOTH ARE R/O. D. NO. 13-120/1, KILLA ROAD, BOMMALA COLONY, KONDAPALLI, IBRAHIMPATNAM MANDAL, N T R DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATI. 2. THE COMMISSIONER OF POLICE, N T R COMMISSIONERATE, VIJAYAWADA. 3. THE STATION HOUSE OFFICER, IBRAHIMPATNAM POLICE STATION, N T R COMMISSIONERATE, VIJAYAWADA. 4. POTNURI ANAND KUMAR, S/O. LATE SUNDAR RAO, AGED MAJOR, OCC PVT SERVICE, R/O. PLOT NO. 304, TAMASVI HEIGHTS APARTMENTS, NEAR SHIVA KRISHNA THEARE, KONDAPALLI, N T R DISTRICT. 5. POTNURI RAMESH, , S/O. LATE SUNDAR RAO, AGED MAJOR, OCC PVT SERVICE, R/O. JANARDHAN NAGAR, KHILLA ROAD, KONDAPALLY, N T R DISTRICT. 2 6. POTNURI PRASHANTHI, D/O. P. RAMESH, AGED MAJOR, OCC HOUSEWIFE, R/O. JANARDHAN NAGAR, KEHILLA ROAD, KONDAPALLY, N T R DISTRICT. 7. HDB FINANCIAL SERVICES LIMITED, REP. BY ITS CHIEF MANAGER, R/O. 40-6/2-2, 2ND PIOOR. REVENUE COLONY PARK, LABBIPET, VIYAWADA. 8. S M F G INDIA CREDIT CO LTD, REP. BY ITS CHIEF MANAGER, DOOR NO. 39-9-8, 1ST 2ND FLOOR, SRINIVASAM TEMPLE STREET, LABBIPET, VIJAYAWADA, N T R DISTRICT. ...R ...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 direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent No. 2 and 3 in taking legal action against the unofficial respondent Nos. 4 to 8 who committed cheating and breach of trust and trying to take over my cable TV business, dwelling houses through recovery agents, call money gangs and to provide adequate protection to lead the normal life, conducting business by considering the complaint dt. 10.07.2024 as arbitrary and illegal 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 issue direction to respondent No. 2 and 3 to forthwith take-action on the complaint of the petitioner dt. 01.07.2024 pending disposal of the Writ Petition and to pass IA NO: 2 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 permit the petitioner to amend the cause title of respondent No. 3 in the writ petition, connected I.A’s as <The station house officer Ibrahimpatnam Police station’’ in the place of <The station house officer Kondapalli Police station= in the interest of justice or to pass Counsel for the Petitioner(S): 1. THADIKONDA KOTESHWARA PRASAD 3 Counsel for the Respondent(S): 1. GP FOR HOME 2. KUNUKU RAJA SEKHAR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15252 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: <…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 2 and 3 in taking legal action against the unofficial respondent Nos. 4 to 8 who committed cheating and breach of trust and trying to take over my cable TV business, dwelling houses through recovery agents, call money gangs and to provide adequate protection to lead the normal life, conducting business by considering the complaint dt. 10.07.2024 as arbitrary and illegal.…= 2. When the matter is taken up for hearing, Sri V.Farook, learned Assistant Government Pleader for Home, on instructions would submit that the respondent police have conducted preliminary enquiry on the complaint made by the petitioners. During the course of the enquiry, it came to light that the subject matter is civil in nature. Therefore, they have not registered any crime on the complaint made by the petitioners. 3. None represented on behalf of the petitioners. Sri Kunuku Raja Sekhar, learned counsel for the unofficial respondents is in attendance. 4. Recording the same, this Writ Petition is disposed of. However, the petitioners are at liberty to work out their remedies before the appropriate forum according to law. There shall be no order as to costs. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 03.12.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.15252 of 2024 Dated.03.12.2025 UPS 304