Vongivarapu Koteswararao, Vs The State of Andhra Pradesh

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APHC010166352019

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

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[3368]

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MONDAY, THE SECOND DAY OF MARCH

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TWO THOUSAND AND TWENTY SIX

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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: 7189/2019

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Between:

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VONGIVARAPU KOTESWARARAO,, S/OKOTESWARARAO, OCC. COOLIE, AGE 35 YEARS, CASTE SC.,R/O. H.NO. 14-2787, 7TH WARD, MACHERLA-522426 GUNTUR DISTRICT

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M. SIVA SANKAR,, S/O. NOT KNOWN MACHERLA-522426 AGED ABOUT 30 YEARS, 7TH WARD, GUNTUR DISTRICT.

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B.VEERANJANEYULU,, S/O. NOT KNOWN, OCCUPATION COOLIE, 7TH WARD, MACHERLA-522426 GUNTUR DISTRICT.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT SECRETARIAT, AMARAVATHI, A.P

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THE D S P GURAZALA, , GUNTUR DISTRICT

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THE S H O, MACHERLA, GUNTUR DISTRICT.

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MADDIGAPU CHINA VENKATARAMIREDDY, S/O.RAMA CHANDRA REDDY, CASTE REDDY, 7TH WARD, ROOPLINE COLONY, DOOR NO.14-2-809, MACHERLA, GUNTUR DISTRICT A.P.

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MADDIGAPU SRINIVASA REDDY, S/O.RAMA CHANDRA REDDY, CASTE REDDY, 7TH WARD, ROOPLINE COLONY, DOOR NO.14-2-809, MACHERLA, GUNTUR DISTRICT A.P.

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...RESPONDENT(S):

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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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the delay and inaction on the part of respondents 2 and 3 in filing the

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2

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criminals cases against respondents 4 and 5. It is illegal , arbitratry and consequently direct the respondents 2nd and 3rd to file a criminals cases against the respondents 4 and 5. and pass

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IA NO: 1 OF 2019

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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 to direct the 2nd and 3 to file criminal cases on respondents 4 and 5, in the insterest of justice, pending disposal of the above writ petition and pass

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Counsel for the Petitioner(S):

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1..

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Counsel for the Respondent(S):

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1.GP FOR HOME (AP)

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The Court made the following:

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

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WRIT PETITION No.7189 of 2019

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ORDER:

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As Sri K. Venkateswarlu, learned counsel for the writ petitioners, is no more, notices were sent to the writ petitioners. As per the Registry report, the notice sent to the 1^st petitioner was served; however, none entered appearance. Notices sent to petitioner Nos. 2 and 3 were returned un-served, though the notices were sent to them at the addresses provided in the cause title.

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On the earlier occasion, there was no representation on behalf of the writ petitioners and, therefore, the matter was directed to be posted today under the caption <For Dismissal.= Even today, there is no representation on behalf of the writ petitioners.

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Sri R. Mallikarjuna Rao, learned Assistant Government Pleader for Home, representing respondent Nos. 1 to 3, is present and has placed on record the written instructions and submitted that the present writ petition has been filed seeking police protection. He submitted that the police conducted a preliminary enquiry and also addressed a letter to the Tahsildar requesting particulars of the subject land. Later, the police registered a case in Crime No. 187 of 2019 under Sections 420, 468, and 471 read with 34 of the IPC and

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investigated the matter. After completion of the investigation, the matter was found to be false, vide C.C. No. 73/Ref/SDPO-GZL/2024 dated 02.09.2024, issued by the Sub-Divisional Police Officer, Gurazala.

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Therefore, if the petitioners are aggrieved by the report of the police, their remedy is to approach the learned Magistrate for necessary redressal in accordance with law.

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In the light of the above facts and circumstances of the case, the present Writ Petition is dismissed for non-prosecution. There shall be no order as to costs.

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

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______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI

2^nd March, 2026 cbn

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