Writ petition filed ten years after the cause of action regarding alleged trespass and assault. Court held consideration not feasible after such lapse and noted dispute was civil in nature, closing the petition without costs.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 14130 OF 2014
Between:
Eluru Narayana, s/o Nagaiah, 84 years, Agriculturist, R/o Raja Gopalapuram, Agripalli Mandal, Krishna District
...PETITIONER
AND
...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 to issue a writ, order or direction in the nature of Mandamus or otherwise declaring the action of the respondents in not initiating criminal action against the party respondents for illegal trespassing, physical assault, possession of dangerous weapons, and threatening the petitioner and his family members with dire consequences and interfering with the peaceful
/
possession and enjoyment of property of the petitionertheextentofAc. 24.84 cents in S.No.170/1, at Mankallu Vilalge, TiruuvuruMandal,Krishna District, in pursuance of the complaint dated 09.04.2014 filed by the petitioner to all the respondents as arbitrary, illegal,malafideviolatingArticle 14 and 21 of the Constitution of India and issue consequentialdirections. to forthwith initiate criminal action as per law directing the respondents against the party respondents for illegal trespassing, physical assault, and threatening the petitioner and his possession of dangerous weapons family members with dire consequences and interfering withthepeaceful possession and enjoyment of property of the petitionertheextentofAc. 24.84 cents in S.No.170/1, at Mankallu Village, TiruuvuruMandal,Krishna District, in pursuance of the complaint dated 05.04.2014 filed by the petitioner to all the respondents, if necessary givingpoliceprotectiontothe petitioner and his family members.
I.A. NO: 1 OF 2014fWPMP, NO: 17599 OF 20141
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the writpetition,theHighCourtmay be pleased to direct the respondents to forthwith initiatecriminalactionas per law against the party respondents for illegal trespassing, physical assault, possession of dangerous weapons, and threateningthepetitioner and his family members with dire consequences and interfering with the peaceful possession and enjoyment of property of thepetitionertheextent of Ac. 24.84 cents in S.No.170/1, at Mankallu Vilalge,TiruuvuruMandal, Krishna District, in pursuance of the complaint dated05.04.2014filedbythe petitioner to all the respondents, pending disposalofthewritpetition.
Counsel for the Petitioner: M/s. S. V. INDIRA
Counsel for the Respondent Nos.1 to 5: GP FOR HOME
Counsel for the Respondent Nos.6 & 7: SRI CH. B. R.P.SEKHAR The Court made the following: ORDER
HON’BLE DR.JUSTICE K.MANMADHA RAO
Writ Petition No. 14130 of 2014
ORDER:
This Writ Petition is filed, under Article 226 of the
Constitution of India, seeking the following relief:
declaring the action of the respondents in not initiating criminal action against the party respondents for illegal trespassing, physical assault, possessionof dangerous weapons, and threatening the petitioner and his family members with dire consequences and interfering with the peaceful possession and enjoymentof property of the petitioner the extent of Ac.24.84 centsin S.No. 170/1, at Mankallu Village, Tiruuuuru Mandal, Krishna District, in pursuance of the complaint dated 09.04.2014 filed by the petitioner to all the respondents as arbitrary, illegal, malafide violating Article 14 and21 of the Constitution of India and issue consequential directions, directing the respondents to forthwithinitiate criminal action as per law against the party respondents for illegal trespassing, physical assault, possessionof dangerous weapons, and threatening the petitioner and his family members with dire consequences and interfering with the peaceful possession and enjoymentof property of the petitioner the extent of Ac.24.84 centsin S. No. 170/1, at Mankallu Village, Tiruvuru Mandal, Krishna District, in pursuance of the complaint dated 05.04.2014 filed by the petitioner to all the respondents, if necessary giving police protection to the petitionerand his family members, and pass such other order or orders ”
%
- None appeared for the petitioner. Learned Assistant Government Pleader for Home, appearing for the official respondents and Mr.Ch.B.R.P.Sekhar, learned counsel. appearing for the unofficial respondents, are present.
.v
2
to 5. Accordingly, the Writ petition is closed. No orderas costs.
As a sequel, interlocutory applications, if any pending,
shall stands closed.
SOI- U. SRIDEVI
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
ssb MBT
HIGH COURT
DRKMR,J
DATED: 12/01/2024
ORDER
WP.No.14130 of 2014
OF
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C' /I
CLOSING THE W.P. WITHOUT COSTS
Eluru Narayana
Superintendent of Police, Vijayawada
Deputy Superintendent of Police, Machilipatnam
Inspector of Police, Tirvuuru P.S.
Sub Inspector of Police, Chatrai PS
Principal Secretary, Home Department, Government of Andhra Pradesh
K Manmadha Rao
As recorded by the court registry
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