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2025 DAILYLAW 47461 (AP)

B SHANTI v. The State of Andhra Pradesh

WP/11548/2023 · 2025-12-02

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010221082023 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 HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11548/2023 Between: B SHANTI, W / O .B. RAJA RAO AGED ABOUT 41 YEARS, OCC. SARPANCH, K PEDAPUDI GRAMPANCHAYAT, R/ O.K.PEDAPUDI VILLAGE, AMBAJIPETA MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT, ANDHRA PRADESH 3. THE CIRCLE INSPECTOR OF POLICE, AMBAJIPETA POLICE STATION, AMBAJIPETAMANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT, ANDHRA PRADESH. 4. THE SUB INSPECTOR OF POLICE, AMBAJIPETA POLICE STATION, AMBAJIPETAMANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT, ANDHRA PRADESH 5. THE STATION HOUSE OFFICER, AMBAJIPETA POLICE STATION, AMBAJIPETA MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT, ANDHRA PRADESH 6. K PEDAPUDI GRAM PANCHAYAT, K.PEDAPUDI VILLAGE, AMBAJIPET MANDAL DR.B.R.AMBEDKARKONASEEMA DISTRICT, ANDHRA PRADESH REP BY ITS SECRETARY 7. RAYAPUREDDI SATYANARAYANA, S/O.R.NAGESWARA RAO AGED ABOUT 60 YEARS, R/O.K.PEDAPUDI VILLAGE, AMBAJIPETMANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT, ANDHRA PRADESH REP BY ITS SECRETARY 8. TIRUMANADAM SRINIVASA RAO, S/O.T.MARIYYA AGED ABOUT 60 YEARS, R/O.K.PEDAPUDI VILLAGE AMBAJIPETAMANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT, ANDHRA PRADESH 9. GOLAKOTI NARESH, S/O.G.VENKATESWARA RAO AGED 40 YEARS, R/O.K.PEDAPUDI VILLAGE AMBAJIPETA MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT, ANDHRA PRADESH 2 10. KUMPATLA GANESH, S/O.K.SWAMI NAIDU AGED ABOUT 60 YEARS, R/O.K.PEDAPUDI VILLAGE AMBAJIPETA MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT, ANDHRA PRADESH 11. TIRUMANADAM VEERA NAIDU, S/O.T.SRINIVASA RAO AGED 35 YEARS, R/O.K.PEDAPUDI VILLAGE AMBAJIPETAMANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT, ANDHRA PRADESH 12. RAYAPUREDDI RAM SAI, S/O.R.SATYANARAYANA AGED 30 YEARS, R/O.K.PEDAPUDI VILLAGE AMBAJIPETA MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): Counsel for the Petitioner: 1. PASUPULATI ANITHA Counsel for the Respondent(S): 1. GP FOR HOME 2. SREENIVAS PADALA 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus declaring the action of the respondent 2 to 5 in not considering the complaint Dt. 29-04-2023 given by the petitioner for initiating necessary action against the respondent nos. 7 to 12 and also, in not assisting the 6th respondent gram panchayat in restraining the respondents nos. 7 to 12 from unauthorised occupation 85 construction over the panchayat land situated in Sy.No.59-5A of K.Pedapudi village, Ambajipeta Mandal, East Godavari District, Andhra Pradesh by demolishing the statue of Mahamta Gandhi is highly illegal, arbitrary exercise of power, violative of principles of Natural Justice and also contrary to the law and consequently direct the respondents no 2 to 5 to initiate criminal proceedings against the respondent nos. 7 to 12 and direct the respondents not to interfere with the said land which vest with the 6th respondent gram panchayat.” 2. Sri V.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, on receipt of 100 call relating to Mahatma Gandhi statue and the slab over it, the Police rushed to the spot, 3 conducted preliminary enquiry, made G.D entry on 28.04.2023 and advised the parties to reconcile the issue, since the matter is of civil nature. 3. Ms.P.Anitha, learned counsel for the Petitioner would submit that the Court may pass appropriate orders. 4. Considering the submissions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:03.12.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.11548 of 2023 Dt.03.12.2025 Dinesh