KUMMARA SANJEEVAPPA v. THE STATE OF ANDHRA PRADESH
WP/26624/2025 · 2025-09-25
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46897 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46897 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010504952025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26624 OF 2025 Between:
1. KUMMARA SANJEEVAPPA, S/o Lakshmanna, Aged about 78 years, R/o Bayyapuram Village,Kothacheruvu Mandal,Sri Sathya Sai District, Andhra Pradesh. 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal S Home Department, Secretariat, Velagapudi, Amaravati. 2. The Superintendent of Police, Sri Sathya Sai District, Andhra Pradesh. 3. The Deputy Superintendent of Police, Puttaparhi, Sri Sathya Sai District, Andhra Pradesh. 4. The Station House Officer, Kothacheruvu Police Station, Sri Sathya Sai District, Andhra Pradesh. 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 of Mandamus declaring the inaction of the respondents in not registering FIR on the petitioners complaint submitted to the respondents 2 to 4 on dated 30.06.2025 as illegal, arbitrary and violative IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 26624 OF 2025
1. KUMMARA SANJEEVAPPA, S/o Lakshmanna, Aged about 78 years, R/o Bayyapuram Village,Kothacheruvu Mandal,Sri Sathya Sai District, Andhra ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal S Home Department, Secretariat, Velagapudi, Amaravati. 2. The Superintendent of Police, Sri Sathya Sai District, Andhra Pradesh. 3. The Deputy Superintendent of Police, Puttaparhi, Sri Sathya Sai District, cer, Kothacheruvu Police Station, Sri Sathya Sai ...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 leased to Issue a Writ of Mandamus declaring the inaction of the respondents in not registering FIR on the petitioners complaint submitted to the respondents 2 to 4 on dated 30.06.2025 as illegal, arbitrary and violative IN THE HIGH COURT OF ANDHRA PRADESH
FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
1. KUMMARA SANJEEVAPPA, S/o Lakshmanna, Aged about 78 years, R/o Bayyapuram Village,Kothacheruvu Mandal,Sri Sathya Sai District, Andhra ...Petitioner
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary,
2. The Superintendent of Police, Sri Sathya Sai District, Andhra Pradesh. 3.
The Deputy Superintendent of Police, Puttaparhi, Sri Sathya Sai District, cer, Kothacheruvu Police Station, Sri Sathya Sai ...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 leased to Issue a Writ of Mandamus declaring the inaction of the respondents in not registering FIR on the petitioners complaint submitted to the respondents 2 to 4 on dated 30.06.2025 as illegal, arbitrary and violative
of Articles 14 and 21 of the Constitution of India and Direct the 4th respondent Station House fficer, Kothacheruvu Police Station to register FIR and investigate into the allegations made in the petitioners complaint dated 30.06.2025 against the accused personsand pass Counsel for the Petitioner: VENKATESH KOSARAJU Counsel for the Respondents: GP FOR HOME The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26624 OF 2025
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to Issue a Writ of Mandamus declaring the inaction of the respondents in not registering FIR on the petitioners complaint submitted to the respondents 2 to 4 on dated 30.06.2025 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and Direct the 4th respondent Station House officer, Kothacheruvu Police Station to register FIR and investigate into the allegations made in the petitioners complaint dated 30.06.2025 against the accused persons and pass.....…”
2. Heard Sri Kosaraju Venkatesh, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home appearing for the official respondents.
3.
Learned counsel for the petitioner submits that the petitioner submitted a complaint dated 30.06.2025 to the police, seeking registration of a crime against the unofficial respondent. However, no action has been taken by the concerned police authorities, and hence the present writ petition is filed seeking a direction to register the case and conduct investigation.
4. Learned Assistant Government Pleader for Home, on the other hand, submits that upon receiving the petitioner’s complaint, the police conducted an enquiry into the matter. On enquiry, it was revealed that there had been previous disputes between the petitioner and the unofficial respondent, which were settled in the presence of village elders. At present, there is a land dispute between the petitioner and one Smt. Nese Lingamma, a resident of
the same village. It is further stated that the allegations made in the complaint are essentially civil in nature, relating to the said land dispute, and that both parties were informed accordingly. Since no cognizable offence was made out, the police did not register a case.
5. Having considered the rival submissions and upon perusal of the material available on record, this Court is of the view that the grievance of the petitioner essentially arises out of a civil dispute regarding land with the unofficial respondent.
6. Accordingly, this Writ Petition is disposed of with. However, the petitioner shall work out his remedies before the appropriate forum in accordance with law.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________
Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 26.09.2025 KKV
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HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA
W.P.No.26624 of 2025
Dated: 26.09.2025
KKV