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2025 DAILYLAW 48608 (AP)

CHALLAGULLA HARI PRASAD v. THE STATE OF AP

WP/3868/2021 · 2025-09-22

Venkata Jyothirmai Pratapa

Public Interest Litigationbody2025

Judgment text

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APHC010064092021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3868/2021 Between: 1. CHALLAGULLA HARI PRASAD, S/O CHALLAGULLA VENKATANARAYANA, AGED ABOUT 60 YEARS, R/O. 58-20-10/41, A.P.S.E.B. COLONY, BUCHIRAJUPALEM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, , REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF POLICE, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. 3. THE STATION HOUSE OFFICER, PENDURTHY POLICE STATION, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. 4. SRI K ASHOK KUMAR, S/O AND AGE NOT KNOWN TO THE PETITIONER, INSPECTOR OF POLICE, PENDURTHY POLICE STATION, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. 5. KUPPILI BABURAO REDDY, S/O KUPPILI TAMMINAIDU, AGED ABOUT 64 YEARS, R/O. 36-88-16/1, VIVEKANANDA STREET, KANCHARAPALEM, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. 6. GAVARIREDDY RAMUNAIDU, S/O NAGARAJU, AGED ABOUT 50 YEARS, OCC .BUSINESS. R/O. C/O. SRI SAI RAM TRADERS 2 (CEMENT STORES), BESIDE BHARATHI KALYANAMANDAPAM, OPP . LALITHA RESTAURANT, MAIN ROAD, NAIDUTHOTA, VISAKHAPATNAM-530 047. 7. GAVARIREDDY BHAVANI, W/O GAVARIREDDY RAMUNAIDU, AGED ABOUT 43 YEARS. R/O. C/O. SRI SAI RAM TRADERS (CEMENT STORES), BESIDE BHARATHI KALYANAMANDAPAM, OPP LALITHA RESTAURANT, MAIN ROAD, NAIDUTHOTA, VISAKHAPATNAM-530 047. 8. DADI SANYASI RAO, S/O VENKATA RAMANA, AGED ABOUT 70 YEARS. R/O. DOOR NO. 39-22-10/1, KALINGA NAGAR, MADHAVADHARA, VISAKHAPATNAM-530 011. 9. DADI VENKATA RAMANA, S/O SANYASI RAO, AGED ABOUT 40 YEARS. R/O. DOOR NO. 39-22-10/1, KALINGA NAGAR, MADHAVADHARA, VISAKHAPATNAM-530 011. 10. DADI YADAGIRI LAKSHMI NARASIMHA SWAMY, S/O SANYASI RAO, AGED ABOUT 38 YEARS. R/O. DOOR NO. 39-22-10/1, KALINGA NAGAR, MADHAVADHARA, VISAKHAPATNAM-530 011. ...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 action of the 4th respondent in the capacity of the 3rd respondent in threatening the Petitioner to come to the Police Station and settle the matter and to compromise with the unofficial respondents 5 to 10 though there is no right to the unofficial respondents over the property of the Petitioner to an extent of 433.33 Sq.Yards or 362.320 Sq.Meters situated in Sy.No. 94/P, Vepagunta Village, Visakhapatnam Municipal Corporation Area, Visakhapatnam District and not taking any action on the complaints dt. 10.02.2021 and 12.02.2021 lodged by the Petitioner is as illegal, arbitrary, unjust and contrary to the fundamental rights enshrined under the Constitution of India and consequently direct the 4th respondent in the capacity of the 3rd respondent to restrain the unofficial respondents 5 to 10 in constructing the compound wall and shed in the petitioner's property to an extent of 433.33 Sq.Yards or 362.320 Sq.Meters situated in Sy.No. 94/P, Vepagunta Village, Visakhapatnam Municipal Corporation Area, Visakhapatnam District and provide protection to the life and limb of the Petitioner from the hands of the unofficial respondents 5 to 10, and pass 3 IA NO: 1 OF 2021 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 respondents 2 to 4 to restrain the respondents 5 to 10 in constructing the compound wall and shed in the petitioner's property to an extent of 433.33 Sq.Yards or 362.320 Sq.Meters situated in Sy.No. 94/P, Vepagunta Village, Visakhapatnam Municipal Corporation Area, Visakhapatnam District and provide protection to the life and limb of the Petitioner from the hands of the unofficial respondents 5 to 10, pending disposal of the above Writ Petition, and pass Counsel for the Petitioner: 1. MATCHA HARIKA Counsel for the Respondent(S): 1. GP FOR HOME 2. A S C BOSE 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3868 of 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in the capacity of the 3rd respondent in threatening the Petitioner to come to the Police Station and settle the matter and to compromise with the unofficial respondents 5 to 10 though there is no right to the unofficial respondents over the property of the Petitioner to an extent of 433.33 Sq.Yards or 362.320 Sq.Meters situated in Sy.No. 94/P, Vepagunta Village, Visakhapatnam Municipal Corporation Area, Visakhapatnam District and not taking any action on the complaints dt. 10.02.2021 and 12.02.2021 lodged by the Petitioner is as illegal, arbitrary, unjust and contrary to the fundamental rights enshrined under the Constitution of India and consequently direct the 4th respondent in the capacity of the 3rd respondent to restrain the unofficial respondents 5 to 10 in constructing the compound wall and shed in the petitioner's property to an extent of 433.33 Sq.Yards or 362.320 Sq.Meters situated in Sy.No. 94/P, Vepagunta Village, Visakhapatnam Municipal Corporation Area, Visakhapatnam District and provide protection to the life and limb of the Petitioner from the hands of the unofficial respondents 5 to 10, and pass.…” 2. When the matter was taken up for hearing, learned counsel for the petitioner would submit that the petition may be disposed of, since the relief has become infructuous in this matter. 3. Learned Assistant Government Pleader for Home for the respondents is in attendance. 5 4. Recording the above said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.09.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.3868 of 2021 Dated.23.09.2025 UPS 84