PONNAMANDA NARASIMHA SWAMY v. THE STATE OF ANDHRA PRADESH
WP/3403/2025 · 2025-12-03
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56148 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56148 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010061122025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 3403/2025 Between:
1. PONNAMANDA NARASIMHA SWAMY, S/O
BHAGAVAN NARAYANA, AGE 50 YEARS, OCC CULTIVATION, R/O H.NO.3- 144, NAKKAPALEM, ABBIRAJUPALEM GRAM PANCHAYATH, YELAMANCHILI MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DIVISIONAL POLICE OFFICER, SUPERINTENDENT OF POLICE, WEST GODAVARI DISTRICT AT BHIMAVARAM. 3. THE SUBDIVISIONAL POLICE OFFICER CUM DEPUTY SUPERINTENDENT OF POLICE, NARSAPURAM,
WEST GODAVARI DISTRICT. 4. THE STATION HOUSE OFFICER, YELAMANCHILI POLICE STATION, YELAMANCHILI, WEST GODAVARI 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not initiating appropriate action in pursuance to the complaint dated 21-01-2025, lodged by the petitioner, as illegal, arbitrary and violation of principles of natural justice and constrary to the BNS and Police Manual and consequently direct the respondents to initiate the appropriate action pursuance to the petitioner's complaint dated 21-01- 2025, and to pass
Counsel for the Petitioner:
1. K V L NARASIMHA RAO Counsel for the Respondent(S):
1. GP FOR HOME
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The Court made the following:
ORDER:
This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief:
“ ... to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not initiating appropriate action in pursuance to the complaint dated 21-01-2025, lodged by the petitioner, as illegal, arbitrary and violation of principles of natural justice and contrary to the BNS and Police Manual and consequently direct the respondents to initiate the appropriate action pursuance to the petitioner's complaint dated 21-01-2025, and to pass ...”
Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record.
Perused the material on record. Learned Assistant Government Pleader placed on record written instructions and would submit that on receipt of the complaint from the Petitioner, during preliminary enquiry, respondent Police sent a requisition to the Revenue Department, it revealed that the subject land is a Government land, which is leased out to petitioner for one year, but not belongs to the Petitioner, and requested to dispose of the Writ Petition by passing appropriate orders. Considering the submissions, since there is a statutory remedy available to the Petitioner under BNSS, 2023, Petitioner is at liberty to work out the remedy before appropriate forum according to law. Accordingly, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 04.12.2025
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Writ Petition No. 3403 of 2025
04.12.2025
Mjl /*