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2025 DAILYLAW 55154 (AP)

KOTTU NAGA SRINIVASA RAO v. THE STATE OF ANDHRA PRADESH

WP/32397/2025 · 2025-11-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010612872025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32397 OF 2025 Between: 1. KOTTU NAGA SRINIVASA RAO, S/o Kottu Venkateswara Rao, aged 43 years, Occ Agriculture, R/o. T Narsapuram Village, Pedavegi Mandal, Chakrayagudem Village, Eluru District, Andhra Pradesh. 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Department of Home, A.P. Secretariat, Amaravati, Guntur District. 2. The Superintendent, Eluru District. 3. The Station House Officer, Pedavegi Eluru District. 4. Soppa Durga Rao, , S/o. Bangaraiah, Aged Major, Occ Cultivation, R/o. Seetharamapuram Village, Peddavegi Mandal, Eluru District, Andhra Pradesh. 5. Soppa Mohan Murali, S/o. Durga Rao, Aged Major, Occ Cultivation, R/o. Seetharamapuram Village, Peddavegi Pradesh. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 32397 OF 2025 1. KOTTU NAGA SRINIVASA RAO, S/o Kottu Venkateswara Rao, aged 43 years, Occ Agriculture, R/o. T Narsapuram Village, Pedavegi Mandal, Chakrayagudem Village, Eluru District, Andhra Pradesh. ...Petitioner AND TE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Department of Home, A.P. Secretariat, Amaravati, Guntur District. 2. The Superintendent, Eluru District. 3. The Station House Officer, Pedavegi-Police Station, Pedavegi Mandal, ppa Durga Rao, , S/o. Bangaraiah, Aged Major, Occ Cultivation, R/o. Seetharamapuram Village, Peddavegi Mandal, Eluru District, Andhra 5. Soppa Mohan Murali, S/o. Durga Rao, Aged Major, Occ Cultivation, R/o. Seetharamapuram Village, Peddavegi Mandal, Eluru District, Andhra IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KOTTU NAGA SRINIVASA RAO, S/o Kottu Venkateswara Rao, aged 43 years, Occ Agriculture, R/o. T Narsapuram Village, Pedavegi Mandal, ...Petitioner TE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Police Station, Pedavegi Mandal, ppa Durga Rao, , S/o. Bangaraiah, Aged Major, Occ Cultivation, R/o. Seetharamapuram Village, Peddavegi Mandal, Eluru District, Andhra 5. Soppa Mohan Murali, S/o. Durga Rao, Aged Major, Occ Cultivation, R/o. Mandal, Eluru District, Andhra 6. Soppa Dhana Lakshmi, W/o. Durga Rao, Aged Major, Occ Cultivation, R/o. Seetharamapuram Village, Peddavegi Mandal, Eluru District, Andhra Pradesh. 7. Soppa Latha, , W/o. Mohan Murali, Aged Major, Occ Cultivation, R/o. Seetharamapuram Village, Peddavegi Mandal, Eluru District, Andhra Pradesh. 8. Soppa Bhanu Sri, W/o. Siva, Aged Major, Occ Cultivation, R/o. Seetharamapuram Village, Peddavegi Mandal, Eluru District, Andhra Pradesh. ...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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3RD Respondent/SHO in not registering FIR inspite of the written complaint DT 03- 10-2025 against the unofficial Respondents fraudulent action of the 2ND time registration on same subject property by way of misleading, the learned trail court and registrar with fabricated and colluded sale agreement papers by the unofficial respondents even the subject property was registered in favor of the complaint through court auction previously in RS.N.374/2 admeasuring Ac.2- 00 cents, situated at Chakrayagudem Village, Pedavegi Mandal, Eluru District, as illegal, arbitrary, against the Provisions of BNS Act and also against all settle principles of law and consequently direct the Respondents police to consider his representation by way of register an FIR against the unofficial Respondents based on the complaint dt 03-10-2025 and to pass IA 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 pleased to direct the Respondents police to consider his representation by way of registering FIR against the unofficial Respondents based on the complaint dt.03.10.2025, pending disposal of the main writ petition and pass Counsel for the Petitioner: KALLA TULASI DURGAMBA Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32397 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…Pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3RD Respondent/SHO in not registering FIR inspite of the written complaint DT 03-10-2025 against the unofficial Respondents fraudulent action of the 2ND time registration on same subject property by way of misleading, the learned trail court and registrar with fabricated and colluded sale agreement papers by the unofficial respondents even the subject property was registered in favor of the complaint through court auction previously in RS.N.374/2 admeasuring Ac.2-00 cents, situated at Chakrayagudem Village, Pedavegi Mandal, Eluru District, as illegal, arbitrary, against the Provisions of BNS Act and also against all settle principles of law and consequently direct the Respondents police to consider his representation by way of register an FIR against the unofficial Respondents based on the complaint dt 03- 10-2025 and to pass…” 2. Heard Ms. Kalla Tulasidurgamba, learned counsel for the petitioner and Sri V.Farook, learned Assistant Government Pleader for Home appearing for 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, brought to the notice of this Court basing on the complaint of the petitioner a crime was registered in Cr.No.271 of 2025 under Sections 329(3), 324 (4), 303(2) r/w 3(5) of BNS on the file of Pedavegi Police Station, Eluru against respondent Nos.4 to 8. 4. Recording the above said submissions, this Writ Petition is disposed of. 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: 28-11-2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.32397 of 2025 Dated.28-11-2025 KKV 323 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.32397 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 28.11.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV