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2025 DAILYLAW 57215 (AP)

VUNDRU SUDARSANARAO v. THE STATE OF ANDHRA PRADESH

WP/27794/2025 · 2025-10-08

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010529352025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. VUNDRU SUDARSANARAO, S/o.Bulivenkanna, Aged 76 years, R/o D.No.401, Bheem Nagar, D.Ravulapalem, Allavaram Mandal, Dr.B.R.Abmbedkar Konaseema District 2. Chikkala Srinivasa Rao,, S/o.Bhrava Swamy, Aged 57 years, R/o 109, Chikkalavari Veedhi, School Vadda, Guthindeevi,LPolavaram Mandal, Dr.B.R.Abmbedkar Konaseema District 3. Guthula Srinu Babu,, S/o.Massenurao, Aged 45 years, R/o D.No.2 S.Yanam, Uppalaguptam Mandal, Dr.B.R.Abmbedkar Konaseema 533213 4. Oguri Srinivasa Rao,, S/o.Prabhakar Rao, Aged 53 years, R/o D.No.3 Gopavaram, Uppalaguptam Mandal, Dr.B.R.Abmbedkar Konaseema District 533213 5. Marisetti Nagadevi, S/o.Srinivas, Aged 34 years, R/o D.No.2 G.Vemavaram, Guthenadeevi, I.Polavaram Mandal,Dr.B.R.Abmbedkar Konaseema District-533464 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27794 OF 2025 1. VUNDRU SUDARSANARAO, S/o.Bulivenkanna, Aged 76 years, R/o D.No.401, Bheem Nagar, D.Ravulapalem, Allavaram Mandal, Dr.B.R.Abmbedkar Konaseema District-533217 2. Chikkala Srinivasa Rao,, S/o.Bhrava Swamy, Aged 57 years, R/o 109, Chikkalavari Veedhi, School Vadda, Guthindeevi,LPolavaram Mandal, Dr.B.R.Abmbedkar Konaseema District-533464 3. Guthula Srinu Babu,, S/o.Massenurao, Aged 45 years, R/o D.No.2 S.Yanam, Uppalaguptam Mandal, Dr.B.R.Abmbedkar Konaseema 4. Oguri Srinivasa Rao,, S/o.Prabhakar Rao, Aged 53 years, R/o D.No.3 Gopavaram, Uppalaguptam Mandal, Dr.B.R.Abmbedkar Konaseema District 5. Marisetti Nagadevi, S/o.Srinivas, Aged 34 years, R/o D.No.2 enadeevi, I.Polavaram Mandal,Dr.B.R.Abmbedkar 533464 ...Petitioners AND IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. VUNDRU SUDARSANARAO, S/o.Bulivenkanna, Aged 76 years, R/o D.No.401, Bheem Nagar, D.Ravulapalem, Allavaram Mandal, 2. Chikkala Srinivasa Rao,, S/o.Bhrava Swamy, Aged 57 years, R/o D.No.2- 109, Chikkalavari Veedhi, School Vadda, Guthindeevi,LPolavaram Mandal, 3. Guthula Srinu Babu,, S/o.Massenurao, Aged 45 years, R/o D.No.2-28, S.Yanam, Uppalaguptam Mandal, Dr.B.R.Abmbedkar Konaseema District- 4. Oguri Srinivasa Rao,, S/o.Prabhakar Rao, Aged 53 years, R/o D.No.3-19, Gopavaram, Uppalaguptam Mandal, Dr.B.R.Abmbedkar Konaseema District 5. Marisetti Nagadevi, S/o.Srinivas, Aged 34 years, R/o D.No.2-25, enadeevi, I.Polavaram Mandal,Dr.B.R.Abmbedkar ...Petitioners 2 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Secretary Buildings, Amaravathi, Guntur District. 2. The Director General of Police, Government of Andhra Pradesh, Mangalgiri,Guntur District. 3. The Superintendent of Police, Dr.Ambedkar Konaseema District, Amalapuram. 4. The SubDivisional Police officer, Amalapuram, 5. The Registrar of Companies, (Under Ministry of Corporate Affairs), D.No.29-7-33, Vishnuwardhan Rao Street, Opp. Hasini Hospital, Suryaraopet, Vijayawada, Andhra Pradesh. 6. M/s EFishery Aqua TechWorks Private limited, Rep.by its director, 16-23- 31/lA, Pallam Raju Nagar, Kakinada, Andhra Pradesh. 7. Mr Ahammad Zakir Hussain Mohammad, Self-Styled Director of E-Fishery Aqua TechWorks Pvt. Ltd. D.No 3-43/6, Santhi Nivas Colony, Near Baptist Church, Kovvada Post, Ganganapalli, Kakinada District, Andhra Pradesh. 8. Aquavida Tech pvt Ltd, Ref.by Director D.No 3-43/6, Santhi Nivas Colony, Near Baptist Church, Kovvada Post, Ganganapalli, Kakinada 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring impugned action of the respondents particularly respondent and 5th respondent in not taking any action against 6th 7th and 8th respondents company and its managing partners, for their action in cheating the farmers in the name of providing fish seed for fish / prawn culture, extending technical and financial assistance, by 3 collecting huge amounts towards deposits from the farmers, including petitioners and further action in registering fake/shell companies, thereby directing the amounts deposited by petitioners and other farmers as highly illegal. arbitrary, violative of Article 14 of the Constitution of India, apart from provisions under companies Act/Prevention of Laundering Act, consequently direct the respondents and to conduct investigation and enquiry against 6th 7thand 8th respondents company and its managing partners, for collecting huge amounts towards deposits from the farmers, by deceitful means in the guise of providing financial and technical assistance for undertaking pisciculture and prawn farming, in the interest of justice and pass such 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 may be pleased to direct the respondents 3rd and 5th to conduct Enquiry on the complaints made by the petitioners, dt.12.08.2025 and 18.08.2025, by conducting investigation and take further action as per law. pending disposal of the above Writ Petition and pass such Counsel for the Petitioners: G V SHIVAJI Counsel for the Respondents: GP FOR HOME The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO.27794OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…writ of mandamus declaring impugned action of the respondents particularly 3rd respondent and 5th respondent in not taking any action against 6th, 7th and 8threspondents company and its managing partners, for their action in cheating the farmers in the name of providing fish seed for fish/prawn culture, extending technical and financial assistance, by collecting huge amounts towards deposits from the farmers, including petitioners and further action in registering fake/shell companies, thereby directing the amounts deposited by petitioners and other farmers as highly illegal arbitrary, violative of Article 14 of the Constitution of India, apart from provisions under companies Act/Prevention of Laundering Act. consequently direct the respondents and to conduct investigation and enquiry against 6th, 7th and 8th respondents company and its managing partners, for collecting huge amounts towards deposits from the farmers, by deceitful means in the guise of providing financial and technical assistance for undertaking pisciculture and prawn farming, in the interest of justice and pass such order or orders as this Hon'ble Court deems fit just and proper in the circumstances of this case....” 2. Heard SriG.V.Shivaji, learned counsel for the petitioner, and Sri V. Farooq, learned Assistant Government Pleader for Home. 3. When the matter is taken up for consideration, the learned Assistant Government Pleader, on instructions, submits that the petitioners lodged complaints before the Superintendent of Police, Dr. B.R. Ambedkar Konaseema District, through PGRS on 18.08.2025. The same was endorsed to the Sub-Divisional Police Officer, Amalapuram, for enquiry vide C.No. KNSM202508184917, dated 18.08.2025.Basing on the complaint, both parties 5 were called for preliminary enquiry. It was revealed that the company had entered into agreements with several farmers across the State to supply fish feed, repayable after sale of harvest. Due to financial issues faced by the company abroad, disputes arose regarding payments between farmers and the company. Upon enquiry, it was found that the matter relates to contractual and financial transactions between the parties and is civil in nature. Hence, the police advised the parties to peruse their dispute before the competent civil court or appropriate forum. The SDPO, Amalapuram, thereafter submitted an enquiry report to the Superintendent of Police on 29.08.2025 and closed the complaint. 4. The learned counsel for the petitioners submitted that the Court may pass appropriate orders by giving liberty to the petitioners to work out their remedy before appropriate forum. 5. Considering the submissions, this Writ Petition is disposed of, and the petitioners are at liberty to pursue their remedies before the appropriate forum. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed. There shall be no order as to costs. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 09.10.2025 KKV 6 HON’BLE DR. JUSTICE VENKATAJYOTHIRMAI PRATAPA 197 W.P.No.27794 of 2025 Date: 09.10.2025 KKV