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2025 DAILYLAW 52134 (AP)

Banavathu Sakru Naik, v. The State of Andhra Pradesh,

WP/2365/2021 · 2025-10-14

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010033912021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2365/2021 Between: 1. BANAVATHU SAKRU NAIK,, S/O. RUPLA NAIK, AGED ABOUT 45 YEARS, OCC. AGRICULTURE R/O. DWARAKA NAGAR, VELTURU ROAD, VINUKONDA, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPT., SECRETARIAT BUILDINGS, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT AT GUNTUR. 3. THE CIRCLE INSPECTOR OF POLICE, VINUKONDA RURAL POLICE STATION, GUNTUR DISTRICT 4. THE STATION HOUSE OFFICE, BOLLAPALLI POLICE STATION, GUNTUR 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 topleased to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No. 2 to 4 in failing to consider the petitioner's complaint dated 16.01.2021 and to register the same against the persons who are trespassing into my land illegally is illegal, arbitrary, unconstitutional and contrary to the provisions of 2 Cr.P.0 and consequently direct the respondents to register the petitioner complaint dated 16.01.2021 and to investigate the matter forthwith and to pass 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 particularly Respondents No. 3 & 4 to take appropriate action in registering the petitioner's complaint dated 16.01.2021 and to investigate the same forthwith by apprehending the persons who trespassed into the petitioner's land illegally pending disposal of the Writ petition before this Hon'ble court, and pass Counsel for the Petitioner: 1. G M SWAMULU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2365/2021 ORDER This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a Writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.2 to 4 in failing to consider the petitioner’s complaint dated 16.01.2021 and to register the same against the persons who are trespassing into my land illegally is illegal, arbitrary, unconstitutional and contrary to the provisions of Cr.P.C and consequently direct the respondents to register the petitioner complaint dated 16.01.2021 and to investigate the matter forthwith and to pass such other order or orders…” 2. Heard Sri G.M.Swamulu, learned Counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the Petitioner would submit that the relief has become infructuous in this matter. 4. Learned Assistant Government Pleader is in attendance. 5. Recording the same, the Writ Petition is dismissed since the relief has become infructuous. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.10.2025 JLV 4 196 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2365/2021 Dt.15.10.2025 JLV