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APHC010497802023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25755 OF 2023 Between:
1. KODURU APPA RAO, S/o. Late Appanna, Hindu, Aged about 74 years, Residing at D.No 19-366/50/1, Pineapple colony, Near Central Jail, Sri Krishnapuram, Visakhapatnam, Andhra Pradesh-530040. ...Petitioner AND
1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Andhra Pradesh. 2. The Director General Of Police, A.P, A.P.Police head quarters, Mangalagiri, Guntur District. 3. Greater Visakhapatnam Municipal Corporation, Represented by It's Commissioner, G.V.M.0 Building, Asilmetta Junction, Visakhapatnam. 4. The Commissioner of Police, Visakhapatnam City, Visakhapatnam, Andhr' Pradesh. 5. The Assistant Commissioner of Police, Dwaraka Zone, Visakhapatnam city, Andhra Pradesh
6. The Station House Office, Arilova P.S, Arilova, Visakhapatnam, Andhra Pradesh. 7. Smt Adivivarapu Ganga aju, W/o. Late Gurumurthy, Hindu, Aged about 64 years, R/o. D.No 6-50, Near Santhoshimatha Temple, Simhachalam, Visakhapatnam-530 028.A
8. Smt Yenuguthula Varalakshmi, W/o. Yenuguthula Venkata Ramana, D/o. Adivivarapu late Gurumurthy, Hindu, Aged about 55 years, R/o. D.No 13-8- 123, Mangala veedhi, Bheemunipatnam, Visakhapatnam-531163. 9. Smt Nadimpilli Rajeswari, W/o. Nadimpilli Satyanarayana, D/o. Adivivarapu late Gurumurthy, Hindu, Aged about 53 years, R/o. D.No 6-50, Near Santhoshimatha Temple, Simhachalam, Visakhapatnam-530 028. 10. Smt Nellivada Satyavathi, W/o. Nellivada kanakeswara Rao, D/o. Adivivarapu late Gurumurthy, Hindu, Aged about 50 years, R/o. D.No 6-104, Near Santhoshimatha Temple Simhachalam, Visakhapatnam-530 028. 11. M V V Satya Narayana, S/o. Raghunayakulu, Aged about Not Known, R/o. 4-62-1, Plot No. 21, Lawsons Bay Colony, Visakhapatnam-530017. 12. Mr Kumar, S/o. Not Known, Aged about Not Known, Pineapple colony, Near Central Jail, Sri Krishnapuram, Visakhapatnam, Andhra Pradesh-
530040. 13. Mr Mukunda Rao, S/o. Not Known, Aged about Not Known, Pineapple colony, Near Central Jail, Sri Krishnapuram, Visakhapatnam, Andhra Pradesh-530040. 14. Mr Nagendra, S/o. Not Known, Aged about Not Known, Pineapple colony, Near Central Jail, Sri Krishnapuram, Visakhapatnam, Andhra Pradesh-530040. 15. Mr Girish, S/o. Not Known, Aged about Not Known, Pineapple colony, Near Central Jail, Sri Krishnapuram, Visakhapatnam, Andhra Pradesh-
530040. 16. Mr Mahindra, S/o. Not Known, Aged about Not Known, Pineapple colony, Near Central Jail, Sri Krishnapuram, Visakhapatnam, Andhra Pradesh-
530040. 17. P Uma Maheswara Rao, S/o. Not Known, Aged about Not known, Occ Circle Inspector, Arilova Circle, Arilova P.S, Visakhapatnam.
...Respondents 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 pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, Declaring that The inaction of the Respondents No. 1 to 6 official respondent in not preventing the Respondents No. 7 to 16 not to interfere with the landed property of e petitioner to an extent of Ac. 2.67 Cents or 1.081 Hectors covered by Sy.No. 32/6 of Mudasorlova/ Pineapple Colony Revenue Village, Visakhapatnam Rural Mandal, Visakhapatnam District is one without jurisdiction, contrary to law. The in action of the Respondents No. 4 to 6 in not registering the FIR on the complaint Dt 21.09.2023 made by the Petitioner is opposed to law. The illegal exercise undertaken by the 6th official respondent i.e 17th un-official respondent i.e Station House officer, Arilova P.S extending behind back support to the Respondents No. 7 to 16 is one with without jurisdiction, contrary to law and against to the Police standing orders and various observations of the Constitutional courts, and as bad, illegal arbitrary and opposed to Law. unreasonable and violation of the fundamental rights guaranteed to the petitioners under Articles 14 and Art.21 and 300-A of the Constitution of India to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.
IA NO: 1 OF 2023 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 6th official respondent i.e., 17th un-official respondent i.e., Station House officer, Arilova P.S, Visakhapatnam to prevent the illegal acts of the Respondents No. 7 to 16 by registering the FIR against them and direct the 3rd respondent, Commissioner of Police, Visakhapatnam to co duct a detailed enquiry on the role played by the 6th official respondent i.e., 17th un-official respondent i.e., Station House officer, Arilova P.S, Visakhapatnam on the entire issue involved in this Writ etition pending disposal of the writ petition and to pass Counsel for the Petitioner: GORLE GOPALAKRISHNA Counsel for the Respondents: GP FOR HOME The Court made the following order:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 25755 OF 2023
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, Declaring that The inaction of the Respondents No. 1 to 6 official respondent in not preventing the Respondents No. 7 to 16 not to interfere with the landed property of e petitioner to an extent of Ac. 2.67 Cents or 1.081 Hectors covered by Sy.No. 32/6 of Mudasorlova/ Pineapple Colony Revenue Village,
Visakhapatnam Rural Mandal, Visakhapatnam District is one without jurisdiction, contrary to law. The in action of the Respondents No. 4 to 6 in not registering the FIR on the complaint Dt 21.09.2023 made by the Petitioner is opposed to law. The illegal exercise undertaken by the 6th official respondent i.e 17th un-official respondent i.e Station House officer, Arilova P.S extending behind back support to the Respondents No. 7 to 16 is one with without jurisdiction, contrary to law and against to the Police standing orders and various observations of the Constitutional courts, and as bad, illegal arbitrary and opposed to Law. unreasonable and violation of the fundamental rights guaranteed to the petitioners under Articles 14 and Art.21 and 300-A of the Constitution of India to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case…”
2. Heard learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents.
3. When the matter is taken up for hearing, the learned Assistant Government Pleader for Home for the respondents, on written instructions, would submit that since the subject matter in the present petition is civil in nature, the respondent police have not registered the crime against the unofficial respondents on the complaint dated 21.09.2023 made by the petitioner.
4.
Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.
5. Recording the above said submission, this Writ Petition is disposed of. However, the petitioner is at liberty to work out his remedies before the appropriate forum according to law. 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: 22-11-2025 KKV
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.25755 of 2023
Dated.22-11-2025
KKV
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HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.25755 of 2023 PROCEEDING SHEET Sl. No. Date
ORDER OFFICE NOTE
22.11.2025
Dr.VJP,J
The Writ Petition is disposed of.
(vide separate order)
________ Dr.VJP,J KKV