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2025 DAILYLAW 4696 (AP)

C SUBODH v. THE STATE OF ANDHRA PRADESH

WP/2107/2025 · 2025-01-31

V Sujatha

body2025

Judgment text

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APHC010036582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2107/2025 Between: C. Subodh ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KANAKALA DEVI PRASANNAKUMAR Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 O R D E R: This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “…..to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents No.2 and 3 in not taking action on my report dt.04.04.2024 and not registering the crime as illegal, arbitrary, malafide and consequently direct respondents No.2 and 3 to take action on the report of the petitioner dt.04.04.2024 by registering the crime against the unofficial respondents 4 to 8 and pass…..” 2. Heard Sri K. Devi Prasanna Kumar, learned counsel for the petitioner and Smt.A.Jayanthi, learned Government Pleader for Home. 3. The case of the petitioner is that the petitioner’s father purchased a house site in an extent of 33 1/3 Ankanams bearing Plot No.92 situated at Haranathapuram vide registered sale deed No.1572/1987, dated 21.03.1987 from one Mannem Padmalatha through her G.P.A. holder Konda Niranjan Reddy, S/o. Balarami Reddy. Subsequently, the petitioner’s father died on 06.01.2014, leaving behind him the petitioner, his mother, brother and sister. 3 4. Where the matter stood thus, one Kanduluri Padmavathi, W/o. K.Venu with a fraudulent intention to grab the said house plot belonging to the petitioner’s deceased father has created a false G.P.A., dated 14.12.2023 in favour of Bikku Vanitha Devi, D/o.B.Lakshmi Narayana and registered the same as Doc.No.16510/2023 with respect to the above said plot, as if she is the daughter of Mannem Padmalatha and Mannem Padmalatha died intestate on 24.11.2012 and thereafter she became the absolute owner of the said property and trying to sell the property to the 3rd parties on the basis of the said false G.P.A and to obtain wrongful gain and to cause wrongful loss to them. In that process, Kanduluri Padmavathi also created a false death certificate of Mannem Padmalatha and false Family Members Certificate. 5. In that view of the matter, the petitioner gave a report to the 3rd respondent on 04.04.2024 requesting to take necessary action by registering crime against the unofficial respondents. As no action has been taken on the said report, the petitioner gave another representation to the 2nd respondent on 15.06.2024. However, no action has been taken by the respondents and hence, the petitioner filed this writ petition before this Court. 4 6. Today, when the matter is taken up for hearing, the learned Government Pleader for Home on oral instructions has stated that as the petitioner has not approached the authorities, they have not registered the case as on the date and it is further stated that if the petitioner approaches the respondents, they are ready to register the case. 7. Accordingly, the writ petition is disposed of by directing the petitioner to file a fresh report before respondent No.3 and thereafter the respondent Nos.2 and 3 are directed to take action on the said report in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, in this petition, shall stand closed. __________________ JUSTICE V.SUJATHA 31.01.2025 Pmk 5 135 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION No:2107 OF 2025 Date:31.01.2025 Pmk