Writ petition seeking direction to police to register a complaint regarding illegal eviction attempt. Court closed the petition as parties reached satisfaction via private case registration, imposing no costs.
Writ petition closed without costs; no other relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
s - M
MONDAY, THE SEVENTH DAY Of AUGUST _ s
TWO THOUSAND AND TWENTY THREE
I
PRESENT y' dct
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 3425 OF 2019
Between:
...PETITIONERS
AND
16.S. Moha Seena, S/o Nurulla, Aged about 27 years,
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondent Nos. 3 to 5 for not registering the complaint dated 01.03.2019 against the unofficial respondents No.6 to 24 for interfering the petitioner schedule property situated in Sy.No.29/3, ad.measuring Ac.0.45 cents in Hindupur, Hindupur Mandal, Ananthapur District with impersonated document with Anti Social aliements trying to evicting the petitioner from their schedule property is illegal, arbitrary and unconstitutional being violative of Articles 14 and 300-A of the Constitution of India and consequently direct the respondent Nos. 3 to 5 to enquiry and register the complaint dated 01 .03.2019 submitted by the petitioner
IA NO: 1 OF 2019
Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased. direct the respondent Nos. 3 to 5 to enquiry and register the complaint dated 01.03.2019 submitted by the petitioner and provide police protection to the petitioner till the investigation completed pending disposal of the above writ petition.
Counsel for the Petitioners :SRI. RAGHAVAN K THALAPAKA
Counsel for the Respondent Nos. 1 to 5: GP FOR HOME
Counsel for the Respondent Nos. 6 to 24: NONE APPEARED
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE K. SREENIVASA REDDY
WRIT PETITION No.3425 of 2019
ORDER:-
This Writ Petition is filed under Article 226 of the
Constitution of India seeking the following relief. "to issue order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondent Nos. 3 to 5 in not registering the complaint dated 01.03.2019 against the unofficial respondents No. 6 to 24 for interfering the petitioners' schedule property situated in Sy. No. 29/3 admeasuring Ac. 0.45 cents in Hindupur, Hindupur Mandal Ananthapur District with impersonated document with Anti Social elements trying to evict the petitioners from their schedule property is illegal, arbitrary and unconstitutional being violative of Articles 14 and 300A of. the Constitution of India and consequently direct the respondent Nos. 3 to 5 to enquire and register the complaint dated 01.03.2019 submitted by the petitioners"
3
When the respondent No.5 did not receive the report, the father of the petitioner No.2 approached the respondent No.3 and explained the events. Then the respondent No.3 directed the respondent No.5 to receive the report. Inspite of instructions given by the respondent No.3 and several requests, the respondent No.5 refused to receive the report. Hence, the petitioners herein are constrained to file the present Writ Petition to direct the respondent No.5 to receive the report and register the same against the unofficial respondents. Hence, the writ petition.
4
police. He further stated therein that he is not inclined to pursue the Writ Petition. Learned counsel for the petitioners did not dispute the aforesaid events. So, it shows that indulgence shown by the police is to the satisfaction of the petitioners herein.
In view of the aforesaid reasons, the Writ Petition is
closed. No costs.
Miscellaneous petitions, if any pending, in the Writ
Petition, shall stand closed.
SDI- K.J. RAJA BABU ASSISTANT REGISTRAR
//TRUE COPY/I
SECTION OFFICER
HIGH COURT
DATED:07/08/2023
ORDER
WP.No.3425 of 2019
CLOSING THE WP WITHOUT COSTS
1 issue framed by the court
whether to direct police to register a complaint regarding property trespass when parties have privately reached satisfaction
J Kamalamma
S. Manasa Chandra
The State of Andhra Pradesh
The Inspector General of Police
The Superintendent of Police
Farima Bee
K. SREENIVASA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
