Andhra Pradesh High Court - Amravati
Yenikapati Hanumantha Rao vs The State Ofandhra Pradesh on 18 February, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
~~ > wa (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ~ THURSDAY, THE EIGHTEENTH DAY OF FEBRUARY ---- a TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY "a WRIT PETITION NO: 3880 OF 2021 YO Between: 1. Yenikapati Hanumantha Rao, S/o. China peraiahAged 65 years. Occ Cultivation, 2. Jagarlamudi Pavan Kumar, S/o. Subba Rao, Aged 28 years, Occ Cultivation, Both are residents of Turpu Takkellapadu Village, J. Panguluru Mandal. Prakasam District. . Petitioners, AND 1. The State of Andhra Pradesh, Rep by Principal Secretary to Government, Home Depanment, Secretariat, Velagapudi. Amaravati, Guntur District. 2. The Director General of police, A.P. Police Head Quarters, Mangalagiri, Guntur District. 3. The Additional Director General of police, A.P. Police Head Quarters, Mangalagiri, Guntur District. The Superintendent of Police, Prakasam District at Ongole. The Deputy Superintendent of police, Ongole, Prakasam District. The Inspector of Police, Inkollu Circle, inkollu, Prakasam Dishict. The Station House Officer, Reningavaram Police Station, J. Panguluru Mandal, Prakasam District. 8. The District Collector and Magistrate, Prakasam District at Ongole 9. The Sub-Divisional Magistrate-cum-Sub-Collector, Ongole, Prakasam District. 10.The Mandal Executive Magistrate-cum-Tahsildar, J. Panguluru Mandal, Prakasam District. 11.Yenikapati Hanumantha Rao, S/o. Ramaiah, Aged Major, Occ Cultivation, R/o. Pamidipadu Village, Korisapadu Mandal, Prakasam District. . 12.Yenikapati Ramaiah, S/o Seshaiah Occ .Cultivation R/o.Pamidipadu Village, KLorisapadu Mandal, Prakasam district. . 13. Yenikapati Gangadhara Rao, S/o Hanumantha Rao Occ. Cultivation Pamidipadu Village, Korasapadu Mandal, Prakasam District 14.Kunamaneni Veeranjaneyulu, S/o Akkaiah Aged Maior, Occ Cultivation R/o.Thulluru Takellapadu Village, J.Panguluru Mandal, Prakasam District 15.Yenikapati Kanthaiah, S/o Venkata Subbaiah Occ Cultivation R/o.Thulluru Takellapadu Village, J.Panguluru Mandal, Prakasam District 16.Rayani Kesava Rao, S/o. Raghavulu, Aged Major Occ.Cultivation, R/o.Chanduluru Village, J.Panguluru Mandal, Prakasam District. NO Respondents _-- WHEREAS the Petitioner above named through their Advocate SRI UYYURI MANIVARUN presented this 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 declaring the inaction on the part of respondents particularly respondents 9 and 10 on petitioners' representation dated 20.12.2020 submitted for initiating Proceedings under Chapter Vill and also Chapter X (C) and (D) of Criminal Procedure Code, 1973 against the respondents 11 to 16 for their repeated illegal acts, thereby causing breach of peace and disturbance to public tranquility at petitioners agricultural landed properties of Ac.0.52 Cents out of Ac. 2.72 Cents in Survey No.175 and Ac.1.20 Cents in Survey No. 176 situated in Alavalapadu Village of J. Panguluru Mandal in Prakasam District, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on respondents 2 to 10 under the provisions of the Code of Criminal Procedure, 1973 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 10, particularly, respondents 9 and 10 to initiate proceedings under Chapter-Vill and also Chapter X (C) and (D), Sectiong -- co 107 and 145 of Code of Criminal Procedure, 1973 against respondents 11 to 16 and their henchmen _~ AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri UYYURI MANIVARUN Advocate for the Petitioner, GP FOR HOME for Respondents 1 to 7 and GP FOR REVENUE for Respondents 8 to 10 directed issue of notice to the Respondent Nos.11 to 16 herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. Yenikapati Hanumantha Rao, S/o. Ramaiah, Aged Major, Occ Cultivation, R/o. Pamidipadu Village, Korisapadu Mandal, Prakasam District. 2. Yenikapati Ramaiah, S/o Seshaiah Occ .Cultivation R/o.Pamidipadu Village, KLorisapadu Mandal, Prakasam district. 3. Yenikapati Gangadhara Rao, S/o Hanumantha Rao Occ. Cultivation Pamidipadu Village, Korasapadu Mandal, Prakasam District 4. Kunamaneni Veeranjaneyulu, S/o Akkaiah Aged Maior, Occ Cultivation R/o.Thulluru Takellapadu Village, J.Panguluru Mandal, Prakasam District 5. Yenikapati Kanthaiah, S/o Venkata Subbaiah Occ Cultivation R/o.Thulluru Takellapadu Village, J.Panguluru Mandal, Prakasam District 6. Rayani Kesava Rao, S/o. Raghavulu, Aged Major Oe¢ec.Cultivation, R/o.Chanduluru Village, J.Panguluru Mandal, Prakasam District. are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, within four weeks -- The Court made the following: ORDER:
"Learned Assistant Government Pleader for Home has taken notice for respondents 1 to 7 and requests time to seek instructions. Learned Government Pleader for Revenue has_ taken notice for respondents 8 to 10 and requests time to seek instructions. Issue notice to respondent Nos.11 to 16. Learned counsel for the petitioners is permitted to take out notice on respondent Nos.11 to 16 by registered post with acknowledgment due and file proof of service in the Registry.
Post after four weeks." ~~ Sd/-M.RameshBabu ASSISTANT REGISTRAR I(TRUE COPY// aan For SECTION OFFICER To, we
1. Yenikapati Hanumantha Rao, S/o. Ramaiah, Aged Major, Occ Cultivation, R/o. Pamidipadu Village, Korisapadu Mandal, Prakasam District.
2. Yenikapati Ramaiah, S/o Seshaiah Occ Cultivation R/o.Pamidipadu Village, KLorisapadu Mandal, Prakasam district.
3. Yenikapati Gangadhara Rao, S/o Hanumantha Rao Occ. Cultivation Pamidipadu Village, Korasapadu Mandal, Prakasam District
4. Kunamaneni Veeranjaneyulu, S/o Akkaiah Aged Maior, Occ Cultivation R/o.Thulluru Takellapadu Village, J.Panguluru Mandal, Prakasam District
5. Yenikapati Kanthaiah, S/o Venkata Subbaiah Occ Cultivation R/o.Thulluru Takellapadu Village, J.Panguluru Mandal, Prakasam District
6. Rayani Kesava Rao, S/o. Raghavulu, Aged Major Occ.Cultivation, R/o.Chanduluru Village, J.Panguluru Mandal, Prakasam District. (Addresses 1 to 6 by RPAD- along with a copy of petition and memorandum of grounds) One CC to SRI UYYURI MANIVARUN Advocate [OPUC] ---- Two CCs to GP FOR HOME ,High Court Of Andhra Pradesh. [OUT] ~~ Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT]_--
0. One spare copy = HIGH COURT CMRJ DATED:18/02/2021 So POST AFTER FOUR WEEKS Yo NOTICE BEFORE ADMISSION J WP.No.3880 of 2021 {