J APHC010240962020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15847 OF 2020 Between; 1) Kunche Rajendra Prasad, S/o. Kunche Venkata Reddy, Schedulea Caste, Male, aged:57 years, Occ; Agriculture, 2) Kunche Venkanna Babu, S/o. Late K. Venkata Reddy, Scheduled caste, Male, aged:47 years, Occ:Agriculture 3) Kunche Chinna Babu, S/o. Late K. Venkata Reddy, Male, aged:'l2 years. Scheduled Caste, ■L ~ I All are R/o.Kodapa village, Hamlet of G. Vemavaram (V), I. Polavaram Mandal, East Godavari District. A.P. ..Petitioner/s AND 1) Union of India rep. by its Secretary, Home Department, Shastri Bhavan, New Delhi. 2) State of Andhra Pradesh rep, by its Principal Secretary to Government, Home Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 3) State of Andhra Pradesh rep. by its Principal Secretary to Government Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi. 4) The C.B.I. rep. by its Director, 513 CGO complex, Lodhi Road, New Delhi, 5) The Superintendent of Police (C.B.I), Central Bureau of Investigation, D.No.1-83-21/4, C.B.I. Building, M.V.P. Colony, Sector 8, M.V.P. Colony, Sector 8, M.V.P. Double Road, Visakhpatnam. 6) The Joint Director/Head of Zone, Central Bureau of Investigation (C.B.IJ, Kendriya Sadan, Sultan Bazar, Koti, Hyderabad. T.S. ;\ \ 7)Thie District Collector, Kakinada. East Godavari District. 8) M. Veera Raju, Tashildar, I. Polavaram (M), I. Polavaram, East Godavari District. A.P. • < 9) P. Jannanibha, Ta:.hildfir 1. PolavaraiT! (M), l. Polav 10) N. Ramash, Ta;,lillclar, I. l^nlavnram (M), East; Godavari Dhiiict. A.i', ll) Ch. Siva Rama Kristina, Yardilldar, I. Polavarain (M), i, Polavararn, East Godavari Dlslrici, 12) S. Esamuel, Tashildar, 1. Polavararn (M), I. Polavararn, East Godavari Olstrirj. a,P. 13) Md. A?ee-z Husslan, Tashildar, I.Polavaram (M), I. Polavararn, East Godavaii Distrld, A.P. Id) Peddiroddi Sri Rarn, Village, Revenue (3(lia;r, G. Vemavaram (V), 1. Polavararn (M), East Godavari district, 15) Smt. Veera Kali Ratnam, Viliage Revenue Officer, G. Vemavarat'n (V), I, Polavararn (M), East Godavari Dish id. A.IS 16) M. Stephen, Village Revenue Officer, G. Vemavaram (V), I. Polavararn (M), East Godavari Dlslrid, A.P 17) Y. Ramesh Babu, Dy. Tashildar, I.Polavaram (M), [. Polavararn, East Godavari District, A.P, 18) Sd. Ahmed, S/o. Sathaa Saheb, aged; 70 years, R/o.Guttanadeevi (V), [, Polavararn (M), East Godavari Dist, A.P. 19) Tanaki Anjaneyuiu, aged: 52 years,S/o,Posayya, R/o, Yerragaruvti (V), I. Polavararn (M), East Godavari District. A.P. 20).Soudala Peda Kapu alias Ramdas, ,S/o. Putrasayya, R/o. G. Vemavaram (V), I, Polavararn (M), East Godavari District. A.P. arain. East Godavaii DIGrid. A.P. r 21) Gangula Srinu, S/o. Surya Rao, R/o. Yerragaruvu, I. Polavararn (M), East Godavari District. A.P, 22) Gangula Sesha Rao, S/o. Surya Rao, R/o. Yerragaruvu (V), I. Polavararn (M), East Godavari District. A.P. 23) Gangula Krishna, S/o. Sur/a Rao, R/o.Yerragaruvu (V), I. Polavararn (M), East Godavari District, A.P. 24) Tanki Srinu, S/o. Nageswara Rao, R/o. Yerragaruvu (V), I, Polavararn (M), East Godavari Di.strict. A.P. 25) Kondapalli Sai, S/o. Ramudu, R/o. G. Vemavaram (V), I. Polavararn (M), East Godavari Distiict. A.P, D 26) Gcinqula Bairavo Sv. R/o. Yerrayaruvu (V), Vtiniy, S/o. Silryo . , 1. Polavararii (M), f-ast Godavari Gininct. A,l', fiespondonB Petition under Article 226 of the Constitution of India praying that in the in the affidavit filed therewith, the High Court appropriate Writ, order or direction circumstances stated i pleased to issue an may be more particularly in the nature of Writ of Mandamus declaring the action of Respondents No.4 to 6 in not conducting enquiry with C.B.I. though petitioners made against the Respondents Nos.8 to 26. Even representation on 8-6-2020 as highly illegal, arbitrary of Articles 14 and 21 of the Constitution of India and dear violation of Prindples of Natural Justioe and direct the Respondents No.4 to 6 and contrary to law and dear violation consequently to to consider the petitioners’ representation dated.8-6-2020 and enquiry into the matter with CB.I. and to take appropriate action against Respondents No.8 to 26 and Restore the land of an extent of Ac2.05 cents in Survey No.242/3 and 243/3 situated G. Polavaram (M), East Godavari District Vemavaram (V), I. and pass such other order or orders in the interest of justice 38. It is also Just and necessary that this Hon'ble may be pleased to direct the Respondents C.B.I. and to take Court No.4 to 6 to conduct enquiry with appropriate action against the Respondents No.8 to 26 as per law. lA NO: 1 OF 7090 Petition under Section 151 CPC in the affidavit filed i" praying that in the circumstances stated may be .4 to 6 to conduct enquiry with C.B.I. against the Respondents No.8 to 26 as per law. in support of the writ petition, the High Court pleased to direct the Respondents No and to take appropriate action Counsel for the Petitioners: SRI B. P. RAJU Counsel for the Respondent No.1: .SRI P. PONNA RAO, DEPUTY Counsel for the Respondent No.2 : GP FOR HOME^^^ Counse for the Respondent Nos.3 & 7 :GP FOR REVENUE Counsel for the Respondent Nos.4, 5 & 6 : SRI M.SRAVAN KUMAR Spl.PUBLIC PROSECUTOR FOR C.B.I. ’ I The Court made the following order: *- APHC010240962020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTYFIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15847/2020 Between: 1.KUNCHE RAJENDRA PRASAD,, S/0. KUNCHE VENKATA REDDY, SCHEDULED CASTE, MALE, AGED.57 YEARS, OCT. AGRICULTURE, 2. KUNCHE VENKANNA BABU S/0. LATE K. VENKATA REDDY, SCHEDULED CASTE, MALE, AGED.47 YEARS, OCC.AGRICULTURE 3.KUNCHE CHINNA BABU, S/0. LATE K. VENKATA REDDY, MALE, AGED.42 YEARS, SCHEDULED CASTE, ALL ARE R/O.KODAPA VILLAGE, HAMLET OF G. VEMAVARAM (V), I. POLAVARAM MANDAL, EAST GODAVARI DISTRICT. A.P. ...PETITIONER(S) AND 1. UNION OF INDIA, UNION OF INDIA REP. BY ITS SECRETARY, HOME DEPARTMENT, SHASTRI BHAVAN, NEW DELHI. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 4. THE C B I, REP. BY ITS DIRECTOR, 513 CGO COMPLEX, LODHI ROAD, NEW DELHI. 2 5. THE SUPERINTENDENT OF POLICE OBI, CENTRAL BUREAU OF D.NO.1-83-21/4, C.B.I. BUILDING, M.V.P. INVESTIGATION, COLONY, SECTOR 8, M.V.P. COLONY, SECTOR 8, M.V.P. DOUBLE ROAD, VISAKHPATNAM. 6. THE JOINT DIRECTOR/HEAD OF ZONE / CENTRAL BUREAU OF INVESTIGATION C B I, KENDRIYA SADAN, SULTAN BAZAR, KOTI, HYDERABAD. T.S. 7. THE DISTRICT COLLECTOR, KAKINADA. EAST GODAVARI DISTRICT. 8. M VEERA RAJU, TASHILDAR, I. POLAVARAM (M), I. POLAVARAM, EAST GODAVARI DISTRICT. A.P. 9. P JANNAMBHA, TAHSILDAR, I. POLAVARAM (M), I. POLAVARAM, EAST GODAVARI DISTRICT. A.P. 10.N RAMESH, TAHSIDAR, I. POLAVARAM (M), EAST GODAVARI DISTRICT. A.P, 11.CH SIVA RAMA KRISHNA, .TASHILDAR, I. POLAVARAM (M), I. POLAVARAM, EAST GODAVARI DISTRICT. 12.S ESARNUEL TASHILDAR, 1. POLAVARAM (M), I. POLAVARAM, EAST GODAVARI DISTRICT. AL'. 13.MD AZEEZ HUSSLAN, TASHILDAR, 1. POLAVARAM (M), 1. POLAVARAM, EAST GODAVARI DISTRICT. A.P 14.PEDDIREDDI SRI RAM VILLAGE, REVENUE OFFICER, G. VEMAVARAM (V), I. POLAVARAM (M), EAST GODAVARI DISTRICT.AP 15.SMT VEERA KALI RATNAM, VILLAGE REVENUE OFFICER, G. VEMAVARAM (V), I. POLAVARAM (M), EAST GODAVARI DISTRICT. A.P. 16.M STEPHEN, VILLAGE REVENUE OFFICER, G. VEMAVARAM (V), I. POLAVARAM (M), EAST GODAVARI DISTRICT. A.P 17.Y RAMESH BABU, DY. TASHILDAR,!.POLAVARAM (M), I. POLAVARAM, EAST GODAVARI DISTRICT. A.P. 18.SD AHMED, S/O. SATHAA SAHEB, AGED. 70 YEARS, R/O.GUTTANADEEVI (V), I. POLAVARAM (M), EAST GODAVARI 3 DIST. A.P. 19.TANAKI ANJANEYULU, AGED. 52 YEARS,S/0.P0SAYYA,R/0. YERRAGARUVU (V), I. POLAVARAM (M), EAST GODAVARI DISTRICT. A.P. 20.SOUDALA PEDA KAPU ALIAS RARNDAS, S/0. PUTRASAYYA, R/0. G. VEMAVARAM (V), I. POLAVARAM (M), EAST GODAVARI DISTRICT. A.P. 21.GANGULA SRINU, S/0. SURYA RAO, R/0. YERRAGARUVU, I. POLAVARAM (M), EAST GODAVARI DISTRICT. A.P. 22.GANGULA SESHA RAO, S/0. SURYA RAO, R/0. YERRAGARUVU (V), I. POLAVARAM (M), EAST GODAVARI DISTRICT. A.P. 23.GANGULA KRISHNA, S/0. SURYA RAO, R/O.YERRAGARUVU (V), I. POLAVARAM (M), EAST GODAVARI DISTRICT. A.P. 24.TANK1 SRINU, S/0. NAGESWARA RAO, RIO. YERRAGARUVU (V), I. POLAVARAM (M), EAST GODAVARI , AP 25.KONDAPALLI SAI, S/0. RAMUDU, R/0. G. VEMAVARAM (V), I. POLAVARAM (M), EAST GODAVARI DISTRICT. AP 26.GANGULA BAIRAVA SWAMY,S/0. SURYA RAO, YERRAGARUVU (V), I. POLAVARANT (M), EAST GODAVARI ...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 be pleased to issue an appropriate Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of Respondents No.4 to 6 in not conducting enquiry with C.B.I. against the Respondents Nos.8 to 26. Even though petitioners made representation on 8- 6-2020 as highly illegal, arbitrary and contrary to law and dear violation of Articles 14 and 21 of the Constitution of India and dear violation of Principles of Natural Justice and consequently to direct the Respondents No.4 to 6 to consider the petitioners' representation dated.8-6-2020 and enquiry into the matter with CB.I. and to take appropriate action against Respondents No.8 to 26 and Restore the land of an extent of Ac.2.05 cents in Survey No.242/3 and 243/3 situated G.Vemavaram (V), i. Polavaram (M), East Godavari District and pass such other order or orders in the interest of justice 38. It is also just R/0. 4 and necessary that this Hon'ble Court may be pleased to direct the Respondents No.4 to 6 to conduct enquiry with C.B.I. and to take appropriate , action against the Respondents No.8 to 26 as per law and pass lA NO: 1 OF 2020 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 No.4 to 6 to conduct enquiry with C.B.I. and to take appropriate action against the Respondents No.8 to 26 as per law and pass Counsel for the Petitioner(S): 1.BPRAJU Counsel for the Respondent(S): 1.M.SRAVAN KUMAR,Spl.PUBLIC PROSECUTOR FOR C.B.I. 2.GP FOR HOME 3.GP FOR REVENUE 4. The Court made the following: 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15847/2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “...to issue an appropriate Writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of Respondents No. 4 to 6 in not conducting enquiry with C.B.I against the Respondents Nos. 8 to 26. Even though petitioners made representation on 8.6.2020 as highly illegal, arbitrary and contrary to law and dear violation of Articles 14 and 21 of the Constitution of India and dear violation of Principles of Natural Justice and consequently to direct the Respondents No. 4 to 6 to consider the petitioners representation dated 8.6.2020 and enquiry into the matter with C.B.I and to take appropriate action against Respondents No. 8 to 26 and Restore the land of an extent of Ac. 2.05 cents in Survey No. 242/3 and 243/3 situated G.Vemavaram(V)',I.Polavaram(M), East Godavari District and pass such other order or orders... ” 2. Heard Sri B.P.Raju learned counsel for the petitioners and Sri M.Sravan Kumar, learned Special Public Prosecutor for C.B.I. 3. Learned Special Public Prosecutor, on written instructions, would submit that the petitioners submitted a representation dated 08.06.2020 seeking enquiry and appropriate action against respondents 8 to 26. The said representation was forwarded to the District Collector, Kakinada, East Godavari District, since the allegations were levelled against Respondents 8 to 17 who are state government employees. The CBI does not have statutory power to investigate cases of corruption by public servants belongingto State Government unless there is a specific direction from this Court or entrustment of such cases by the State Government. 6 4. Learned Special Public Prosecutor brought to the notice of this Court that initialty the petitioners filed Writ Petition direction and the said Writ Petition said order, a Writ Appeal No.14419 of 2012 seeking similar was dismissed on 10.04.2017. Against the was preferred, which was also dismissed. Thereafter, this Writ Petition is filed seeking a similar direction to enquire into the matter and restore their possession, which is not maintainable. 5. Learned counsel for the petitioners, petition is pending before the Hon’ble Division Bench Appeal. in reply,would submit that a review against dismissal of Writ 6. Such being the case, the Writ Petition is disposed of. However, it does not preclude the petitioners from appropriate forum.There shall be no order as to costs. As a sequel thereto, miscellaneous working out their remedy before the petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Secretary, Home Department, Union Bhavan, New Delhi. 2. The Principal Secretary Andhra Pradesh A.P. District. of India, Union of India Shastri to Government, Home Department,State Secretariat, Velagapudi, Amaravathi of Guntur 3. The Principal Secretary to Government , Revenue Department, State of !, Amaravathi. complex, Lodhi Road, New Delhi. Andhra Pradesh, A.P. Secretariat, Velagapudi 4. The Director, C B I, 513 CGO 5. The Superintendent of Police D.No.1-83-21/4, C.B.I. f Colony, Sector 8, M.V.P. Double Road C B I, Central Bureau of Investigation, Building, M.V.P. Colony, Sector 8, M.V.P. Visakhpatnam. i 6. The Joint Director/Head of Zone / Central Bureau of Investigation C B I, Kendriya Sadan, Sultan Bazar, Koti, Hyderabad. T.S. 7. The District Collector, Kakinada. East Godavari District. 8. One CC to Sri B. P. Raju, Advocate [OPUC] 9. One CC to Sri M.Sravan Kumar, Spl. Public Prosecutor for C.B.I. [OPUC] lO.Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 11.Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 12.Two CD Copies Cnr HIGH COUR DATED:22/09/2025 ORDER WP NO. 15847 OF 2020 g( 17 OCT 2025 ^^^s^^jijTent Sectiop^x^'^ ^'^£s£aiss^^ DISPOSING OF THE W.P. WITHOUT COSTS