Alapati Seethamma v. The State of Andhra Pradesh

Andhra Pradesh HC3 Feb 2025WP/2851/2025

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; W.P. No. 2851 of 2025; Justice B.V.L.N. Chakravarthi; Article 226 mandamus; police inaction on complaint/report dated 05.02.2024; Korangi Police Station; Kakinada District SP; disposal at admission stage without merits; liberty to submit fresh report/FIR-related complaint; SHO to act per due process of law; Lalitha Kumari Vs. State of Utter Pradesh referred in prayer; no costs; interim applications closed.

What did the court decide?

Writ Petition disposed of at the stage of admission; petitioner granted liberty to present a fresh report to the Station House Officer (R-3), on which R-3 is to take necessary action as per due process established by law; pending interlocutory applications, if any, stood closed; no order as to costs. ¶¶33

Alapati Seethamma Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondent Nos. 2 and 3 in not acting upon the petitioner's report dated 05.02.2024 against unofficial respondent Nos. 4 to 10 is illegal and arbitrary, warranting a writ of mandamus directing them to act on the report.

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Ratio / Principle

The petitioner is at liberty to present a fresh report to the Station House Officer (R-3), and on presentation of such report, R-3 shall take necessary action as per the due process established by law.

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Key takeaways

Since the State contended that no report was received from the petitioner, the matter could be disposed of at the stage of admission without going into the merits of the case.ratio¶¶32
The Writ Petition is disposed of at the stage of admission with liberty to the petitioner to present a fresh report to R-3, with no order as to costs.ratio¶¶33

Detailed headnote1 paragraphs

Writ Petition under Article 226 seeking a writ of mandamus against respondent Nos. 2 and 3 (Superintendent of Police, Kakinada District, and Station House Officer, Korangi Police Station) for allegedly failing to act on the petitioner's report dated 05.02.2024 against unofficial respondents 4 to 10, citing the verdict in Lalitha Kumari Vs. State of Utter Pradesh. Learned Additional Government Pleader for Home submitted on instructions that the Police (R-3) did not receive any report from the petitioner. Holding the matter capable of disposal at admission, the Court (Justice B.V.L.N. Chakravarthi), without entering into merits, disposed of the petition granting the petitioner liberty to present a fresh report to R-3, directing that on such presentation R-3 shall take necessary action as per due process established by law; no order as to costs; pending interlocutory applications closed.

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APHC010053772025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368] (Special Original Jurisdiction)

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TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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WRIT PETITION NO: 2851/2025

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Between:

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ALAPATI SEETHAMMA, W/O LATE SATTIRAJU, AGED ABOUT 75 YEARS, R/O DR.NO.4-321, PATAVALA VILLAGE, TALLAREVU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (HOME DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT AT KAKINADA, KAKINADA DISTRICT, ANDHRA PRADESH.

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THE STATION HOUSE OFFICER, KORANGI POLICE STATION, KAKINADA DISTRICT, ANDHRA PRADESH.

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ALAPATI RAMAKRISHNA, S/O LATE SATTIRAJU, AGED ABOUT 55 YEARS, R/O PATAVALA VILLAGE, TALLAREVU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH.

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ALAPATI SATISH KUMAR, S/O RAMAKRISHNA, AGED ABOUT 30 YEARS, R/O PATAVALA VILLAGE, TALLAREVU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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V SAI KUMAR

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Counsel for the Respondent(S):

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GP FOR HOME

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The Court made the following:

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO:2851 of 2025

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O R D E R:

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This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

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“…to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.2 and 3 herein in not acting upon the report dated 05.02.2024 made by the petitioner against the unofficial respondents i.e. the respondents 4 to 10 as illegal, arbitrary and also oppose to the verdict of the Apex Court in Lalitha Kumari Vs. State of Utter Pradesh consequentially direct the respondents 2 and 3 herein to act upon the report made by the petitioner dated 05.02.2024 under receipt by acting against the respondents 4 to 10 herein for their illegal acts forthwith and to pass…..

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Heard learned counsel representing Sri V.Sai Kumar, learned counsel for the petitioner.

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Learned Additional Government Pleader for Home on instructions would submit that Police/R3 did not receive any report from the petitioner.

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Considering the same, the petitioner is at liberty to present a fresh report to the Station House Officer i.e., R-3, and on presentation of report, R3 shall take necessary action as per due process established by law, on the said report.

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In that view of the matter, this Court is of the considered opinion that the matter can be disposed of at the stage of admission without going into the merits of the case.

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Accordingly, the Writ Petition is disposed of at the stage of admission with a liberty to the petitioner to present a fresh report to the Station House Officer i.e., R-3. There shall be no order as to costs.

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As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed.

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________________________ _____ JUSTICE B.V.L.N. CHAKRAVARTHI

Pmk

04.02.2025

THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI