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2025 DAILYLAW 56349 (AP)

SamadiVenkata Krishan Murthy, v. The State of Andhra Pradesh,

WP/14195/2022 · 2025-12-04

Venkata Jyothirmai Pratapa

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010205782022 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. SamadiVenkata Krishan Murthy,, S/o Malakondaiah, Aged about 50 years, Occ Private Employee, Managing Trustee and Treasurer, Sri Ledotamma Charitable Trust, R/o D.No.5 SPSR Nellore District. 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, AP Secretariat, Velagapudi, Guntur District, Andhra Pradesh State. 2. The Superintendent of Police, Nellore, SPSR Nellore District. 3. The Deputy Superintendent of Police, ,Kavali, SPSR Nellore District. 4. The Station House Officer, One Town Police Station, SPSR Nellore District. 5. SamadiVenkaiah, S/o Balaramaiah, Aged about 74 years, R/o H.No.4 SamadiguntaVari Street, Kavali, SPSR Nell 6. SamadiRamakrishnaiah, S/o Ramachandraiah, Aged about 65 years, R/o SamadiguntaVari Street, Kavali, SPSR Nellore District. 7. SamadiVenkateswaralu, S/o Ramachandraiah, Aged about 65 years, R/o SamadiguntaVari Street, Kavali, SPSR Nellore Di IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14195 OF 2022 1. SamadiVenkata Krishan Murthy,, S/o Malakondaiah, Aged about 50 years, Occ Private Employee, Managing Trustee and Treasurer, Sri Ledotamma Charitable Trust, R/o D.No.5-3-9A, BommareddiVari Street, Old Town, Kavali, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, AP Secretariat, Velagapudi, Guntur District, Andhra Pradesh State. 2. The Superintendent of Police, Nellore, SPSR Nellore District. puty Superintendent of Police, ,Kavali, SPSR Nellore District. 4. The Station House Officer, One Town Police Station, SPSR Nellore District. 5. SamadiVenkaiah, S/o Balaramaiah, Aged about 74 years, R/o H.No.4 SamadiguntaVari Street, Kavali, SPSR Nellore District. 6. SamadiRamakrishnaiah, S/o Ramachandraiah, Aged about 65 years, R/o SamadiguntaVari Street, Kavali, SPSR Nellore District. 7. SamadiVenkateswaralu, S/o Ramachandraiah, Aged about 65 years, R/o SamadiguntaVari Street, Kavali, SPSR Nellore District. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. SamadiVenkata Krishan Murthy,, S/o Malakondaiah, Aged about 50 years, Occ Private Employee, Managing Trustee and Treasurer, Sri Ledotamma 9A, BommareddiVari Street, Old Town, Kavali, ...Petitioner 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, AP Secretariat, Velagapudi, Guntur District, Andhra Pradesh State. puty Superintendent of Police, ,Kavali, SPSR Nellore District. 4. The Station House Officer, One Town Police Station, SPSR Nellore District. 5. SamadiVenkaiah, S/o Balaramaiah, Aged about 74 years, R/o H.No.4-11-6, 6. SamadiRamakrishnaiah, S/o Ramachandraiah, Aged about 65 years, R/o 7. SamadiVenkateswaralu, S/o Ramachandraiah, Aged about 65 years, R/o 8. SamadiVenkata Krishan, S/o Ramanaiah, Aged about 54 years, R/o Kotareddy Rice Mill Street, Kavali, SPSR Nellore District. 9. SamadiKoteswaramma, W/o Late Samadi Mohan, Aged about 55 years, R/o D.No.5-3-90, Bommareddyvari street, Old Town, Kavali, SPSR Nellore District. 10. Pigili Sunitha, W/o PigliMalakondaiah, Aged about 35 years, R/o D.No.5- 3-90, Bommareddyvari street, Old Town, Kavali, SPSR Nellore District. ...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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents No.2 to 4 in not taking any action against the respondents No.5 tol 0 and not provide police protection to the petitioner pursuant to the complaint dated 21.03.2022 as being illegal, arbitrary and in violation of Article 14 and 21 of Constitution of India, and consequently praying this Hon'ble Court to direct the respondent Nos 2 to 4forthwith act upon the complaint dated 21.03.2022 and take action in accordance with law and provide police protection to the petitioner and to grant such IA NO: 1 OF 2022 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 pleaseto direct the respondents forthwith take necessary action against the respondents No5 to 10including their agents and henchmen and provide police protection to the petitioner pursuant to the complaint dated 21.03.2022 in accordance with law, pending disposal of the Writ Petition, and pass Counsel for the Petitioner: PAVANI SIVA KUMAR Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:A V V S N MURTHY The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14195 OF 2022 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “….to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents No.2 to 4 in not taking any action against the respondents No.5 to 10 and not provide police protection to the petitioner pursuant to the complaint dated 21.03.2022 as being illegal, arbitrary and in violation of Article 14 and 21 of Constitution of India, and consequently praying this Hon'ble Court to direct the respondent Nos 2 to 4forthwith act upon the complaint dated 21.03.2022 and take action in accordance with law and provide police protection to the petitioner and to grant such…” 2. Heard Sri Pavani Siva Kumar, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home appearing for the respondents. 3. When the matter was taken up for hearing, learned Assistant Government Pleader for Home, on written instructions, would submit that the contents of the complaint dated 04.04.2022 disclose that there is a civil dispute between the petitioner and the unofficial respondents. It is further stated that, in response to the petitioner’s complaint, the police issued notice dated 09.04.2022, but the house of the petitioner was found locked. It is also submitted that a civil suit is pending between the petitioner’s husband and the 5th respondent vide O.S.No. 93 of 2020 on the file of the Principal Junior Civil Judge, Rayachoti, and that the present writ petition has been filed only to obtain a blanket direction to the police for protection of her husband’s property. It is also stated that the petitioner has not furnished necessary details to the police with regard to the request for police protection to the petitioner. 4. Considering the submissions made, the Writ Petition is disposed of. However, the petitioner is at liberty to pursue her remedies in accordance with law. 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: 05.12.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.14195 of 2022 Dated.05.12.2025 KKV 219 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: W.P.No.14195 of 2022 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 05.12.2025 Dr.VJP,J The Writ Petition is disposed of. (vide separate order) ________ Dr.VJP,J KKV