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2025 DAILYLAW 50094 (AP)

S SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

WP/42244/2022 · 2025-11-18

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010715502022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 42244/2022 Between: 1. S SRINIVASA RAO, S/O LATE SATYANARAYANA, AGE ABOUT 68 YEARS, OCC EX.SERVICEMEN, R/O FLAT No.301, LAXMI NARASIMHA ENCLAVE, SAMPATH NAGAR, CHANDRAMPALEMVISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, VIZIANAGARAM DISTRICT AT VIZIANAGARAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, BOBBILI, VIZIANAGARAM DISTRICT. 4. THE STATION HOUSE OFFICER, CHEEPURUPALLI POLICE STATION, CHEEPURUPALLI, VIZIANAGARAM DISTRICT. 5. VOLLA VENKATA RAMANA, S/O LATE CHINNAIAH, AGE ABOUT 62 YEARS, OCC CULTIVATION, R/O PEDA LINGALAVALASA VILLAGE, VENKATAPURAM POST, LAVERU MANDAL, SRIKAKULAM DISTRICT. 6. MEESALA APPA RAO, S/O APPALA NARASAIAH, AGE ABOUT 70 YEARS, OCC CULTIVATION, R/O PEDA LINGALAVALASA VILLAGE, VENKATAPURAM POST, LAVERU MANDAL, SRIKAKULAM DISTRICT. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd respondent in initiating the necessary action against the 4th respondent for not registering the FIR against the culprits/respondents 5 and 6 and further action and further not taking departmental action against 2 the 4th respondent, as illegal, improper, arbitrary, against law and besides being violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the 2nd respondent herein to initiate action against the 4th respondent including departmental action and also take action against the culprits by registering the FIR, who destroyed the petitioner's crop (eucalyptus trees age about 4 years, worth about Rs.4.00 lakhs), in the petitioner's land to an extent of Ac.02-00 cents, in Sy.No.208/2A, situated at Devarapodilam village, Annamayya cheruvu, Gurralapadu, Cheepurupalli Mandal, Vizianagaram District and pass Counsel for the Petitioner: 1. B SURYANARAYANA Counsel for the Respondent(S): 1. GP FOR HOME 3 ORDER: The instant Writ Petition is filed by the Petitioner under Article 226 of the Constitution of India, for the following relief: < ... to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd respondent in initiating the necessary action against the 4th respondent for not registering the FIR against the culprits/respondents 5 and 6 and further action and further not taking departmental action against the 4th respondent, as illegal, improper, arbitrary, against law and besides being violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the 2nd respondent herein to initiate action against the 4th respondent including departmental action and also take action against the culprits by registering the FIR, who destroyed the petitioner's crop (eucalyptus trees age about 4 years, worth about Rs.4.00 lakhs), in the petitioner's land to an extent of Ac.02-00 cents, in Sy.No.208/2A, situated at Devarapodilam village, Annamayya cheruvu, Gurralapadu, Cheepurupalli Mandal, Vizianagaram District and pass ...= Heard Sri R.Ramanjaneyulu, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for respondent State. Perused the material on record. Learned Assistant Government Pleader for Home, on instructions, would submit that, during investigation, respondent Police found that the subject matter is civil in nature and that they did not register any crime basing on the petitioner’s complaint and requested to dispose of this Writ Petition by passing appropriate orders. Learned counsel for Petitioner would submit that recording the said submission, this Writ Petition may be disposed of. 4 In that view, this Writ Petition is disposed of. Petitioner is at liberty to work out the remedy before appropriate forum according to law. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 42244 of 2022 19.11.2025 Mjl /*