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2025 DAILYLAW 52556 (AP)

KURUVA NARAYANAMMA v. THE STATE OF ANDHRA PRADESH

WP/26544/2025 · 2025-09-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

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\ \ ^ APHC010509482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE / PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26544 OF 2025 Between; Kuruva Narayanamma, W/o Late Kuruva Naganna, Aged about 80 years, Occ; Agriculture, R/o Bantanahal Village, Chipagiri Mandal, Kurnool District,,,(Presently residing at D.No.1/167, Donekal Village, Vidapanakal Mandal, Anantapuramu District) ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary Department of Home, Secretariat Buildings District, Andhra Pradesh. 2. The Superintendent of Police, Kurnool District. 3. The Station House Officer, Chipagiri Police Station, Kurnool District. 4. The Joint Sub Registrar-1 cum Public Information Officer, O/o. District Registrar Stamp and Registration, Ananthapur, Ananthapur District. 5. Jambulapati Anasuya, C/o. Kuruva Nettappa (Secretary), H.No. 1-43, Kundanakurthi Village and Post, Chipagiri Mandal, Kurnool District. 6. Kuruva Nettappa, (Secretary) S/o. Not Known, H.No. 1-43, Kundanakurthi Village and Post, Chipagiri Mandal, Kurnool District. 7. Kuruva Haritha, Wo. Kuruva Nettappa (Secretary), H.No. 1-43, Kundanakurthi Village and Post, Chipagiri Mandal, Kurnool District. Velagapudi, Guntur - ».MUO»'' / 8. Yadavali Nagesh, S/o. Yadavali Narayanappa, D/o. 1/98, BC Colony, Mandal, Ananthapur District asan Govmdurajulu, S/o. Dasari Govindappa Colony Chipagirl Village and Post Chlpagiri Mandal, Kurnool Dis.nct 10.M Snn,vasa Rao, S/o M. Madhava Rao 17/1075, Rajendra Nagar, Guntakal H.Jimkala Ramanjaneyalu Dosalodiki Village and Post, D.No.4/165, sc Document Writer, D.No. Mandal, Ananthapur District. Ambedkar M O '' Municipal Chairman, Ambedkar Nagar, Guntakal Mandal 12.Patharla Veeranjaneyalu, Ananthapur District. S/o. P. late Govindu R/o. Y.T. Cheruvu village and Post, Gunthakal Mandal, 13-Gajula Ramanjaneyulu Ananthapur District. S/o. GC Hanumanth Rao Stamp vendor, Maruthi Nagar, Near Sub- Register Office, Santhosh Xerox Opposite, Ananthapur, Ananthapur District ...Respondents Petition under Article 226 circumstances stated i of the Constitution of India praying that in the in the affidavit filed therewith. the High Court may be Direction{s) essentially in the nature of Writ action of the respondents No. pleased to issue a Writ. Order or of Mandamus declaring the to take appropriate 2 and 3 in refusing action against respondent No. 5 to 13 pursuant to complaint dated 25-08 ^ pursuant to ^ endorsement issued by the 2nd dated 31-08-2025 basing 29-08-2025 my respondent on the enquiry report of the respondent No. 3 dated •“ natural justice and consequent direct the appropriate action by registering the cri BNSS by taking incriminating material annexed to the respondent No. 2 and 3 to take crime under appropriate provisions of cognizance of my complaint dated 25-08-2025 said complaint. and jA NO: 1 OF Petition under Section 151 in the affidavit filed i CPC praying that in the circumstances stated in support of the petition, the High Court may be pleased to J direct the respondent No. 2 and 3 to reconsider my complaint dated 25-08- 2025 submitted to 2^^ respondent through Public Grievance Redressal System and to take appropriate action as per the LAW Counsel for the Petitioner: SRI KARNAM RAMESH Counsel for the Respondent Nos. 1 to 3: GP FOR HOME Counsel for the Respondent No. 4: GP FOR REGISTRATION AND STAMPS The Court made the following; i APHC010509482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26544 OF 2025 Between: 1. KURUVA NARAYANAMMA, W/o Late KuruvaNaganna, Aged about 80 years. Occ Agriculture. R/o Bantanahal Village. Chipagiri Mandal, Kurnool District. (Presently residing at D.No.1/167, Donekal Village, Mandal, Anantapuramu District) Vidapanakal ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, rep by its Principal Secretary Department of Home, Secretariat Buildings, Andhra Pradesh. 2. The Superintendent of Police, Kurnool District. 3. The Station House Officer, Chipagiri Police Station, Kurnool District. 4. The Joint Sub Registrar 1 cum Public Information Officer, O/o. District Registrar Stamp and Registration, Ananthapur, Ananthapur District. 5. JambulapatiAnasuya, C/o. KuruvaNettappa (Secretary), Kundanakurthi Village and Post, Chipagiri Mandal, Kurnool District. 6. KuruvaNettappa, (Secretary) S/o. Not Known Village and Post, Chipagiri Mandal, Kurnool District. KuruvaHaritha, Wo. KuruvaNettappa (Secretary) Kundanakurthi Village and Post, Chipagiri Mandal, Kurnool District Velagapudi, Guntur District, i H.No. 1-43, H.No. 1-43, Kundanakurthi 7. H.No. 1-43. 1 8. YadavaliNagesh, S/o. Dosalodiki Village and Post, DasariGovindurajulu, S/o Chipagiri Village and Post 10. M Srinivasa Rao, S/o M. MadhavaRao Document Writer Rajendra Nagar, Guntakal Mandal, Ananthapur District. JimkalaRamanjaneyalu, S/o. Ambedkar Nagar, Guntakal Mandal YadavaliNarayanappa, Guntakal Mandal, Ananthapur District. • DasariGovindappa, Chipagiri Mandal, Kurnool District. D/o. 1/98,BC Colony, 9. D.No.4/165, sc Colony, D.No. 17/1075, 11. J. Thimmaraju Ex Municipal Chairman, Ananthapur District. P. late Govindu R/o. Y.T. and Post, Gunthakal Mandal, Ananthapur District. 12. PatharlaVeeranjaneyalu, S/o. Cheruvu village 13. GajulaRamanjaneyulu, S/o. Santhosh Xerox Opposite, j Ananthapur, Ananthapur District GC Hanumanth Rao, Maruthi Nagar, Near Sub- Stamp vendor, Register Office, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated ,n the affidavit nied therewith, the High Court may be P eased topleased to issue a Writ, Order or Direction(s) essentially in the nature of Writ of Mandamus declaring the and 3 in refusing to take action of the respondents No. 2 appropriate action against respondent No. 5 to 13 pursuant to my complaint dated 25-08-2025, 2nd respondent vide endorsement issued by the on the enquiry report of the dated31-08-2025 basing respondent No. 3 dated 29 nft 2n9c: n ■ ,, as Illegal, arbitrary, nonapplication of mind resulting m violation of Article 14 and 21 of the Constitution also of India and violation of principles natural justice and respondent No. 2 ands to take consequent direct the appropriate action by registering the crime dated 25 Ofi pnoc a of my complaint 25-08-2025 and incriminating material annexed ,o the said complaint under appropriate provisions of BNSS and may pass lA NO: 1 OF 2025 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 Counsel for the Petitioner: KARNAM RAMESH Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REGISTRATION AND STAMPS The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 26544 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....to issue a Writ, Order or Direction(s) essentially in the nature of Writ of Mandamus declaring the action of the respondents No. 2 and 3 in refusing to take appropriate action against respondent No. 5 to 13 pursuant to my complaint dated 25-08- 2025, vide endorsement issued by the 2nd respondent dated31- 08-2025 basing on the enguiry report of the respondent No. 3 dated 29-08-2025 as illegal, arbitrary, nonapplication of mind resulting in violation of Article 14 and 21 of the Constitution of India and also violation of principles natural justice and conseguent direct the respondent No. 2 and3 to take appropriate action by registering the crime under appropriate provisions of BNSS by taking cognizance of my complaint dated 25-08-2025 and incriminating material annexed to the said complaint and may pass...’’ Heard Sri Karanam Ramesh, learned counsel for the petitioner, and Sri V. Farooq, learned Assistant Government Pleader for Home, appearing for the respondents. 3. The case of the petitioner is that though she lodged a complaint dated 25.08.2025 before the 2nd respondent-Superintendent of Police, Kurnool, no criminal action has been taken against respondents No.5 to 13, despite there being incriminating material annexed to her complaint. 2. \ 4. The learned Assistant Government Pleader, on instructions, submits that upon the petitioner’s complaint, the 3rd respondent-Station House Officer, Chippagiri Police Station, conducted an enquiry and found that the allegations pertain to a civil dispute regarding ownership and possession of agricultural lands between the petitioner and her daughter-in-law, respondent No.S; It i_ further submitted that the said dispute is already the subject matter videO.S. No.66 of 2022 IS on the file of the Court of the Senior Civil Therefore, the police have rightly refrained stage. Judge, Adoni. from taking criminal action at this 5. Having regard to the submissions made and the material placed before this Court, it is evident that the dispute raised by the petitioner primarily relates ownership and possession of i to immovable property, which is already pending competent Civil Court. Since the adjudication before the civil in nature, this Court is of the view that police to register a criminal case. matter is essentially no direction can be issued to the 6. Accordingly, the Writ Petition i to work out her remedies before the IS disposed of, leaving it open to the petitioner appropriate forum in accordance with law. if so advised. No order as to costs. As a sequel thereto, mi Petition shall stand closed. miscellaneous petitions, if any, pending in this Writ Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Department Secretariat Buildings, Velagapudi 2. The Superintendent of Police, 3. The Station House Officer. 4. The Joint Sub Registrar of Home, State of Andhra Pradesh, Guntur District, Andhra Pradesh. Kurnool District. Chipagiri Police Station, Kurnool District. _ . Public Information Officer Registrar Stamp and Registration 5. One CC to Sri. Karnam O/o. District I Ananthapur, Ananthapur District. Ramesh Advocate [OPUC] High Court of Andhra Pradesh [OUT] Registration and Stamps High Court 6. Two CCS to GP for Home T. Two CCs to GP for Pradesh [OUT] 8. Two CD Copies of Andhra \ \ \% V HIGH COURT DATED:25/09/2025 \' \ \ ORDER WP NO. 26544 OF 2025 5( 17 OCT 2025 Co '^*vCiirrenlS«cti2ll^'^^ DISPOSING THE WP WITHOUT COSTS