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2025 DAILYLAW 52114 (AP)

CHODAVARAPU MURALI v. THE STATE OF ANDHRA PRADESH

WP/20909/2023 · 2025-11-21

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010403672023 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: 20909 OF 2023 Between: 1. CHODAVARAPU MURALI, S/o Venkata Rao, aged about 41 years, Occ. Agriculture, Rio D.No.3-67, School Veedhi, TDR Rajupeta, Burja Mandal, Srikakulam District. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary Home Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Superintendent of Police, Srikakulam, Srikakulam District. 3. The Station House Officer, Burja P.S., Srikakulam District. 4. Bharti Airtel Limited, Rep. by its Zonal Branch Manager, D.No.30-15-150, Dabagardens, Visakhapatnam 530020. 5. The Zonal Sales Manager, Bharti Airtel Limited., Cionti Veedhi, Airtel Office, Srikakulam District 532 001. 6. The Territory Manager, Bharti Airtel Limited., Gonti Veedhi, Airtel Office, Srikakulam District 532 001. 7. Kagithapalli Srinivasa Rao, , S/o late Satyanarayana, aged 32 years, Occ. Private Employee, R/o Main Veedhi, TDR Rajupeta, Burja Mandal, Srikakulam District 532 445 ...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 order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the inaction of respondent Nos.2 and 3 in registering the crime against respondent Nos.4 to 7 in pursuance of the complaint dt.16.07.2023 filed by the petitioner and not taking appropriate action against respondent Nos.4 to 7 is illegal, arbitrary, unjust and violative of the provisions of Code of Criminal Procedure and consequently direct respondent Nos.2 and 3 to register the crime against respondent Nos.4 to 7 and take appropriate action against them and pass 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 respondent Nos.2 and 3 to take appropriate action in pursuance of the complaint dt.16.07.2023 filed by the petitioner, pending disposal of writ petition and pass IA NO: 2 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 respondent Nos.4 to 6 to stop the erection works of the cell tower in the land of the petitioner to an extent of Ac.0.25 cents situated in Sy.No.40/5 of TDR Rajupeta, Burja Mandal, Srikakulam District, pending disposal of writ petition and pass Counsel for the Petitioner: V SUDHAKAR REDDY Counsel for the Respondents: P VISESWAR RAO Counsel for the Respondents:GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 20909 OF 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the inaction of respondent Nos.2 and 3 in registering the crime against respondent Nos.4 to 7 in pursuance of the complaint dt.16.07.2023 filed by the petitioner and not taking appropriate action against respondent Nos.4 to 7 is illegal, arbitrary, unjust and violative of the provisions of Code of Criminal Procedure and consequently direct respondent Nos.2 and 3 to register the crime against respondent Nos.4 to 7 and take appropriate action against them and pass.…” 2. Heard Ms.Santhi Sri, learned counsel for the petitioner and Sri V.Farooq, learned Assistants Government Pleader for Home appearing on behalf of the respondents. 3. When the matter is taken up for hearing, Sri V.Farooq, 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 on the complaint dated 16.07.2023 made by the petitioner. 4. The learned counsel for the petitioner submitted that the Court may pass appropriate orders. 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.20909 of 2023 Dated.22-11-2025 KKV 140 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.20902 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