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2025 DAILYLAW 53738 (AP)

Shaik Faridha Bee, v. The State of Andhra Pradesh,

WP/23514/2023 · 2025-11-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010454602023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23514/2023 Between: 1. SHAIK FARIDHA BEE,, W/O.KHADER VALI, AGED ABOUT 51 YEARS, OCC. HOUSE-WIFE, R/O. DOOR NO.2-114, OPP. NEW MASEED, T. SUNDUPALLI VILLAGE AND MANDAL, ANNAMAYAA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. 2. SHAIK FAIZAL,, S/O SHAIK KHADAR VALI, AGED ABOUT 26 YEARS, OCC. STUDENT, R/O. DOOR NO.2-14, MASEED STREET, T. SUNDUPALLI VILLAGE AND MANDAL, ANNAMAYAA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ANNAMAYYA DISTRICT, RAYACHOTY, ERSTWHILE YSR KADAPA DISTRICT. 3. THE STATION HOUSE OFFICER, T. SUNDUPALLI POLICE STATION, T. SUNDUPALLI, ANNAMAYYA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. 4. THE TAHSILDAR, T. SUNDUPALLE MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. 5. THE MANDAL SURVEYOR, O/O.TAHSILAR OFFICE, T. SUNDUPALLE MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE 2 YSR KADAPA DISTRICT. 6. SHAIK CHAN BASHA, S/O MABU SAB, AGED ABOUT 55 YEARS, OCC. POLITICIAN, R/O. DOOR NO.12-6, AGRAHARAM, T. SUNDUPALLE VILLAGE AND MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT. 7. SHIAK SHAMEEM, W/O CHAN BASHA, AGED ABOUT 52 YEARS, OCC. HOUSEWIFE, R/O. DOOR NO.12-6, AGRAHARAM, T. SUNDUPALLE VILLAGE AND MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT. 8. SHAIK SONI, D/O CHAN BASHA, AGED ABOUT 35 YEARS, OCC. HOUSEWIFE, R/O. DOOR NO.12-6, AGRAHARAM, T. SUNDUPALLE VILLAGE AND MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT. 9. RAYAVARAM RAFIK, S/O NOT KNOWN TO THE PETITIONER, AGED ABOUT 40 YEARS, OCC. POLITICIAN, R/O. DOOR NO.4-12, RAYAVARAM VILLAGE, T. SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT. 10. BANDI ESWAR, S/O NOT KNOWN TO THE PETITIONER, AGED ABOUT 40 YEARS, OCC. PAID WORKER, R/O. DOOR NO.1-14, PEDAMADIGAPALLI VILLAGE, T. SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT. 11. OBULESU, S/O NOT KNOWN TO THE PETITIONER, AGED ABOUT 38 YEARS, OCC. PAID WORKER, RIO. DOOR NO.1-14, PEDAMADIGAPALLI VILLAGE, T. SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA DISTRICT. 12. RAMESH, S/O NOT KNOWN TO THE PETITIONER, AGED ABOUT 40 YEARS, OCC. PAID WORKER, R/O. DOOR NO.1-14, PEDAMADIGAPALLI VILLAGE, T. SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE KADAPA 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 a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of 3rd respondent to not conduct investigation and not file charge sheet in FIR No.15 / 2023 on the file of the 3 T.Sundupalli Police Station, is as illegal, arbitrary and colourable exercise of power, violative of Principles of natural justice and violative of Art.14, 19 and 21 of the Constitution of India and consequently direct the 3rd respondent to conduct investigation and file charge sheet in FIR No.15/2023 on the file of the T.Sundupalli Police Station, 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 to direct the 3rd to 4th respondents forthwith to issue 145(1) Cr.P.C. Proceedings until completion of the survey and fixed boundaries pertaining Plot Nos. 67, 68, 69, 70,71 and 72 in survey No.2137 of T. Sundupalli Village and Mandal, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. CH VIDYASAGAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. VUTUPALLI RAJANNA 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23514 of 2023 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 more particularly one in the nature of a writ of mandamus declaring the action of 3rd respondent to not conduct investigation and not file charge sheet in FIR No.15 / 2023 on the file of the T.Sundupalli Police Station, is as illegal, arbitrary and colourable exercise of power, violative of Principles of natural justice and violative of Art.14, 19 and 21 of the Constitution of India and consequently direct the 3rd respondent to conduct investigation and file charge sheet in FIR No.15/2023 on the file of the T.Sundupalli Police Station and pass...…” 2. Heard Sri CH.Vidya Sagar, 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: 01.12.2025 SNI 5 201 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23514/2023 Dt.01.12.2025 SNI