APHC010470912021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 28451/2021 Between: 1. YENUMULA SAI CHARAN, S/O.BHASKARA RAMA MURHTY, AGED 34 YEARS, OCC. SOFTWARE ENGINEER, R/O.DOOR NO.1-67,EDARA (PO) - 533247, MAMIDIKUDURU MANDAL, EAST GODAVARI DISTRICT. 2. YENUMULA BHASKARA RAMA MURHTY, S/O.LATE RAMADASU, AGED 68 YEARS, R/O.DOOR NO.1-67, EDARA (PO) - 533247, MAMIDIKUDURU MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEAD QUARTERS, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT AT KAKINADA. 4. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT AT MACHILIPATNAM. 5. THE SUB DIVISIONAL POLICE OFFICER, AMALAPURAM, EAST GODAVARI DISTRICT. 6. THE INSPECTOR OF POLICE, ROAJOLE CIRCLE, RAJOLE VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. 7. THE STATION HOUSE OFFICER, NAGARAM POLICE STATION, MAMIDIKUDURU VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. 8. THE STATION HOUSE OFFICER, II TOWN POLICE STATION, GOVERNORPET, VIJAYAWADA, KRISHNA DISTRICT. 9. SRINIVASULU, S/O. NOT KNOWN, AGED . MAJOR, 0/O. VANGAVEETI NARENDRA, BJP LEADER, VIJAYAWADA, KRISHNA DISTRICT, 2 10. INALA SUBHAKAR RAO, S/O. NOT KNOWN, AGED MAJOR, R/O. UNDAVALLI CENTER, TADEPALLI TOWN, GUNTUR DISTRICT. 11. NAINALA VEERA BRAHMAJI, S/O. LATE NAGESWARA RAO, AGED MAJOR. R/O. MAIDIKUDURU VILLAGE AND MANDAL. EAST GODAVARI DISTRICT. 12. NAINALA ANANDA MANIKANTA, S/O. NAINALA VEERA BRAHMAJI, AGED MAJOR, R/O. MAIDIKUDURU VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. 13. ANNABATTULA BALA PARAMESWARA RAO, S/O LATE VENKATESWARA RAO, AGED MAJOR, R/O.LANKALA GANNAVARAM, P.GANNAVARAM MANDAL, EAST GODAVARI DISTRICT. 14. ANNABATTULAVIAJYA KRISHNA KANTH, S/O. ANNABATTULA BALA PARAMESWARA RAO, AGED MAJOR, R/O.LANKALA GANNAVARAM, P.GANNAVARAM MANDAL. EAST GODAVARI DISTRICT. 15. PABOLU AJAY KUMAR, S/O. NOT KNOWN, AGED MAJOR, R/O. MANGALAGIRI, GUNTUR 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 WRIT OF MANDAMUS declaring the inaction on the part of respondents 2 to 8, particularly respondents 6 to 8 on petitioners' petition/complaint dated 22.11.2021 submitted for initiating Proceedings under Chapter VIII of Criminal Procedure Code. 1973 against the respondents 9 to 15 for their repeated illegal acts, thereby causing danger to petitioners' life, liberty and disturbance to peace and public tranquillity, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on respondents 2 to 6 under the provisions of the Code of Criminal Procedure, 1973 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 8. particularly respondents 6 to 8 to initiate proceedings under Chapter-VIII and also Chapter X (C) and (D), Section 107 of Code of Criminal Procedure. 1973 against respondents 9 to 15 and their henchmen and pass Counsel for the Petitioner(S): 1. SIVA SANKARA RAO BORRA Counsel for the Respondent(S): 1. GP FOR HOME 2. PHANI TEJA CHERUVU 3 The Court made the following: ORDER: The instant Writ Petition is filed by the Petitioners seeking indulgence of this Court under Article 226 of the Constitution of India for the following relief: “ .... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents 2 to 8, particularly respondents 6 to 8 on petitioners' petition/complaint dated 22.11.2021 submitted for initiating Proceedings under Chapter VIII of Criminal Procedure Code, 1973 against the respondents 9 to 15 for their repeated illegal acts, thereby causing danger to petitioners' life, liberty and disturbance to peace and public tranquillity, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on respondents 2 to 6 under the provisions of the Code of Criminal Procedure, 1973 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 8. particularly respondents 6 to 8 to initiate proceedings under Chapter-VIII and also Chapter X (C) and (D), Section 107 of Code of Criminal Procedure. 1973 against respondents 9 to 15 and their henchmen and pass ....” At the time of hearing, Sri V.Farooq, learned Assistant Government Pleader for Home appearing for respondent Police on written instructions would submit that in connection with the proposed removal of encroachments in the subject land, respondent No.3 sent a requisition dated 03.12.2021 to respondent No.5 for deputing police personnel to the subject land to avoid any untoward incidents while removing the encroachments and that respondent No.5 performed his legitimate duties by providing police personnel. Learned counsel for the Petitioners would submit that recording the said submission, this Writ Petition may be disposed of. 4 In that view, this Writ Petition is disposed of. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 28451 of 2021 06.10.2025 Mjl/*