APHC010341692021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 20738/2021 Between: 1. GUNTLA LAKSHMI, W/O GUNTLA APPA RAO,AGED ABOUT 55 YEARS, OCC. COOLI, R/O.PLOT NO. 42, GOLAGAM VILLAGE AND GRAMA PANCHAYATH, ANAKAPALLI MANDAL, VISAKHAPATNAM DISTRICT ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI 2. THE DIRECTOR GENERAL OF POLICE, GOVT.OF ANDHRAPRADESH, AMARAVATHI 3. THE SUPERINTENDENT OF POLICE, VISAKHAPATANAM RURAL, VISAKHAPATANAM. 4. THE SUB DIVISIONAL POLICE OFFICER, ANAKAPALLI SUB DIVISION, ANAKAPALLI MANDAL, VISAKHAPATANAM. 5. THE STATION HOUSE OFFICER, ANAKAPALLI POLICE STATION (RURAL), ANAKAPALLI MANDAL, VISAKHAPATANAM. 6. THE ADDL STATION OFFICER, ANAKAPALLI POLICE STATION (RURAL), ANAKAPALLI MANDAL, VISAKHAPATANAM. 7. D SAKUNTALA, PRESENTLY WORKING AS A SUB INSPETOR OF POLICE, ANAKAPALLI POLICE STATION,(RURAL) ANAKAPALLI MANDAL, VISAKHAPATANAM. 8. THE DISTRICT COLLECTOR, VISAKHAPATANAM VISAKHAPATANAM 9. SALAPAREDDY NAGA NARISNGA RAO, S/O APPALA SWAMY AGED ABOUT MAJOR GOLAGAM PANCHAYATH, ANAKAPALLI MANDAL, VISAKHAPATANAM. 10. M APPA RAO, S/O NOOKULU AGED ABOUT MAJOR, CLERKS COLONY GOLAGAM PANCHAYATH, ANAKAPALLI MANDAL, VISAKHAPATANAM. 11. GUNOORI RAMA APPARAO, S/O APPARAO AGED ABOUT MAJAR, SANKARAM PANCHAYATH, ANAKAPALLI MANDAL, SRK, J W.P.No.20738 of 2021 2 VISAKHAPATANAM. 12. SALAPAREDDY SRINU, S/O APPALA SWAMY AGED ABOUT MAJOR GOLAGAM PANCHAYATH, ANAKAPALLI MANDAL, VISAKHAPATANAM. ...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 to declaring the action on the part of the respondents herein -without registering the FIR dated 1-8-2021 under SC/ST Act, regarding the demolition of the residential house of the petitioner, the 6th and 7th respondent registered the FIR 322/2021 on 1-9-2021 by violating the section 4 of the SC/ST Act and threatening the petitioner personally to withdraw the same and vacate the village due to scheduled caste women among other caste people otherwise implicate the false cases including her and her supporters influenced by the 9 to 12 unofficial respondents as illegal arbitrary and violative of articles 14,16 and 21 and 311 of Constitution of India and consequentially direct the respondents 1 to 3 to conduct the proper enquiry and investigation in FIR 322/2021 on 1-9-2021 and take action against the 5th and 6th respondents in respect of the violating of Section 4 of the SC/ST Act Atrocities Act and deliberately supporting the unofficial respondents 9 to 12 and threatening the petitioner to withdraw the case and vacate the village due to scheduled caste women and pass IA NO: 1 OF 2021 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 direct the respondents 1 to 3 to conduct the proper enquiry and investigation in FIR 322/2021 on 1-9-2021 and take action against the 5th' and 6th respondents in respect of the violating of Section 4 of the SC/ST Act Atrocities Act and deliberately supporting the unofficial respondents 9 to 12 and threatening the petitioner to withdraw the case and vacate the village due to scheduled caste women pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. BOKKA SATYANARAYANA KAMLA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: SRK, J W.P.No.20738 of 2021 3 O R D E R This Writ Petition was filed seeking the following relief: “…to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action on the part of the respondents without registering the FIR dated 01.08.2021 under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, regarding the demolition of the residential house of the Writ Petitioner, respondent Nos.6 and 7 registered the FIR in Crime No.322 of 2021 on 01.09.2021 by violating Section 4 of the Act and threatening the Writ Petitioner personally to withdraw the same and vacate the village due to scheduled caste women among other caste people otherwise implicate the false cases including her and her supporters influenced by the respondent Nos.9 to 12 as illegal, arbitrary and violative of Articles 14, 16, 21 and 311 of the Constitution of India and consequently, direct the respondent Nos.1 to 3 to conduct the proper inquiry and investigate Crime No.322 of 2021 on 01.09.2021 and take action against 5th and 6th respondents in respect of violating Section 4 of the SCs/STs Act and deliberately supporting the unofficial respondent Nos.9 to 12 and threatening the Writ Petitioner to withdraw the case and vacate the village due to the Scheduled Caste Women and to pass such other order…” 2. As per the averments of the affidavit accompanying the Writ Petition, the Writ Petitioner belonged to Scheduled Caste community and was residing at her own house viz. plot No.42, Golagam village, Anakapalli Mandal in Sy.No.88. On 10.09.2020, the Gram Panchayat issued a notice to demolish the residential asbestos roof house of the Writ Petitioner. The Writ Petitioner filed Writ Petition No.16575 of 2020 before this Court, and this Court directed the respondents therein not to take any coercive steps with regard to the SRK, J W.P.No.20738 of 2021 4 property in question. Even though there is specific direction given by this Court, one Gokivada Demudu, Gorli Suribabu of Golagam Panchayat, Anakapalli Mandal, Visakhapatnam, threatened the Writ Petitioner with dire consequences. Though the Writ Petitioner lodged a report to the police on 01.08.2021, alleging that the unofficial respondents were harassing her and trying to demolish her residential house and abused her in filthy language touching her caste, no action was taken thereon, under the influence of the unofficial respondents. However, the Sub-Inspector of Police registered a case in Crime No.322 of 2021 of Anakapalli Rural Police Station, Visakhapatnam on 01.09.2021 for the offences punishable under Sections 354, 354A, 448, 323, 506 read with 34 of the Indian Penal Code, 1860 and Sections 3 (1) (r), 3 (1) (s), 3 (2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The respondents-police under the influence of the unofficial respondents, are threatening the Writ Petitioner to withdraw the report. Hence, the Writ Petition. 3. When the matter has come up for hearing, learned Assistant Government Pleader for Home, on written instructions, submits that police registered FIR in Crime No.322 of 2021 of Anakapalli Rural Police Station and conducted investigation. The investigation revealed that the allegations leveled by the Writ Petitioner SRK, J W.P.No.20738 of 2021 5 against the unofficial respondents are all false and accordingly, the Superintendent of Police, Visakhapatnam District vide C.No.3018/C- 3/VSP-2021, dated 29.10.2021 referred the case as false. 4. Recording the same, Writ Petition is closed. It is needless to mention that if the Writ Petitioner is aggrieved by the same, she is at liberty to avail the remedies in accordance with law. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. ___ __________ JUSTICE K. SREENIVASA REDDY 31st March, 2026. DNB