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High Court of Andhra Pradesh · body

2025 DAILYLAW 59299 (AP)

M.A. Abdul Gaffor, v. The State of Andhra Pradesh,

WP/9836/2019 · 2025-12-28

B V L N Chakravarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010223422019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 9836/2019 Between: 1. M.A. ABDUL GAFFOR,, S/O LATE ABDUL KUDDUS, AGED 55 YEARS, OCC- BUSINESS, R/O D.NO.18-5-17, AZAD NAGAR, HINDUPUR TOWN, ANANTAPUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATI. 2. THE SUPERINTENDENT OF POLICE, ANANTAPUR, ANANTAPUR DISTRICT., 3. THE STATION HOUSE OFFICER, HINDUPUR I TOWN POLICE STATION, HINDUPUR, ANANTAPUR DISTRICT. 4. ZAHOOR, S/O MAZEED SAB, AGED NOT KNOWN TO PETITIONER, R/O NEAR BALAJI NURSING HOME BACK SIDE, NEW HASANABAD, HINDUPUR TOWN, ANANTAPUR DIST ...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 topleased to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the inaction of 3rd respondent in considering petitioner's representation/legal notice dated 08.07.2019 in taking necessary action against the 4th respondent is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India IA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the 2 High Court may be pleased pleased to direct the 3rd respondent to consider petitioner's representation/legal notice dated 08.07.2019 to take necessary action against the 4th respondent forthwith, pending disposal of the writ petition Counsel for the Petitioner: 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.9836 of 2019 ORDER: The present writ petition is filed seeking a direction to the 3rd respondent to consider the petitioner’s representation/legal notice dated 08.07.2019 and take necessary action against the 4th respondent forthwith, pending disposal of the writ petition. 2. Heard learned counsel for the petitioner and Sri R. Mallikarjuna Rao, learned Assistant Government Pleader for Home, representing respondent Nos. 1 to 3. 3. The learned Assistant Government Pleader for Home, on written instructions, submitted that the petitioner sent a legal notice dated 08.07.2019, and upon receipt of the same, an entry was made in the Station General Diary. A careful perusal of the notice discloses that the dispute regarding the subject property is purely civil in nature, for which a civil suit in O.S. No. 71 of 2015 is pending before the concerned Court. It is further submitted that the dispute between the petitioner and the 4th respondent is civil in nature, and accordingly, a notice dated 15.07.2019 was served on the petitioner advising him to seek redressal in a competent civil court of law. It is also submitted that the petitioner’s contention that he had approached the police prior 4 to sending the legal notice and complained against the 4th respondent is incorrect. Hence, the respondents prayed for dismissal of the writ petition. 4. In light of the submissions made by the learned Assistant Government Pleader, learned counsel for the petitioner submitted that the petitioner may be granted liberty to approach the appropriate forum for necessary redressal in accordance with law. 5. In view of the submissions made by both learned counsel, the Writ Petition is closed at the stage of admission without going into the merits of the case. The petitioner is granted liberty to approach the appropriate forum for necessary redressal in accordance with law. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 29th December, 2025 cbn 5 17 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No.9836 of 2019 29th December, 2025 cbn