Andhra Pradesh High Court - Amravati
Kommu Eswara Rao vs State Of Andhra Pradesh. on 10 November, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
[3163 (SHOW CAUSE NOTICE BEFORE ADMISSION IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) :PRESENT: THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION NO: 20935 OF 2020 Between: Kommu Eswara Rao, S/o Suryanarayana, Aged 58 years, Agriculture, R/o Marrivalasa Village K. Kotapadu Mandal, Visakhapatnam District Petitioner AND 1. State of Andhra Pradesh, represented by its Principal Secretary. Social Welfare Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District 2. State of Andhra Pradesh., represented by its Principal Secretary, Home Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District 3. The Collector and District, Magistrate and Chairman. District SC/ST Vigilance and Monitoring Committee. Visakhapatnam. Visakhapatnam District 4. The Commissioner of Police, Visakha City Police, Police Barracks, Suryabagh, Visakhapatnam District 5. The Superintendent of Police, Visakha City Police, Visakhapatnam District, Visakhapatnam 6. Deputy Superintendent of Police., Visakha City Police, Madhuravada Range, Madhurayada, Visakhapatnam. Visakhapatnam District 7. The Station House Officer, Madhurawada PS, Near ICIC1 Bank, P.M. Patem, Madhurawada, Visakhapatnam District 8. Bolusu Laxmana Swamy, s/o Late Purnachandra Rao, aged 58 years, Plot No. 247/1/1 HP Road Moosapet, Hyderabad 9. D. V. Satyanarayana, s/o Nageswara Rao, Aged 52 years, R/o 5-1, Pedda Waltair, Visakhapatnam District Respondents
WHEREAS the Petitioner above named through his Advocate Smt.S.V.Indira 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 under Article 226 of the Constitution of India, declaring the action of the 7th respondent In not taking any action against the party respondents in pursuance of complaint dated 08.07.2020 in terms of The Scheduled Castes and Tribes (Prevention of Atrocities) Act. 1989, apart from other provisions of IPC despite discloses cognizable offences contrary to the law reported in AIR 2014 SC 187, and equally the action of the 3" respondent in considering the complaint dated 12.08.2020 in so far as it relates to conduct enquiry and take action against the party respondents for offences under cheating, forgery. blackmailing, extortion. threat to life and property Ac,2.16 cents in Sy.No.106/3 in Madhurawada Revenue Mandal, Visakhapatnam Rural District as equally arbitrary. Illegal. discriminatory. malafide and unconstitutional violating Article
14. 19 Il1 (R) and 21 of the Constitution of India, and Issue consequential directions, directing the respondents, particularly the 3 respondent to direct the 7'h respondent to conduct enquiry and register FIR against the party respondents, In terms of The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. apart from other provisions of IPC, in protecting the life and property of the petitioner land Ac.2,16 cents a "
in Sy.No.106/3 in Madhurawada Revenue Mandal, Visakhapatnam Rural District is concerned, and to pass AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Smt.S.V.INDIRA Advocate for the petitioner, learned Assistant Government Pleader for Revenue for Respondent Nos.1 to 3 and of learned Assistant Government Pleader for Home for Respondent Nos.4 to 7, directed issue of notice to the Respondent Nos.8 & 9g herein to show cause as to why this WRIT PETITION should not be admitted. You viz:
1. Bolusu Laxmana Swamy, s/o Late Purnachandra Rao, Plot No. 247/1/1 HP Road Moosapet, Hyderabad
2. D. V. Satyanarayana, s/o Nageswara Rao, R/o 5-1, Pedda Waltair, Visakhapatnam 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 before 08.12.2020, on which date the case stands posted for hearing.
THE COURT MADE THE FOLLOWING ORDER:
Learned Asst. Government Pleader for Revenue has taken notice on behalf of official respondents 1 to 3 and requests time to seek instructions. Learned Asst. Government Pleader for Home has taken notice on behalf of official respondents 4 to 7 and requests time to seek instructions. Issue notice to respondents 8 and 9.
List the matter after four weeks.
If{TRUE COPY// To,
1. Bolusu Laxmana Swamy, s/o Late Purnachandra Rao, Plot No. 247/1/1 HP Road Moosapet, Hyderabad
2. D. V. Satyanarayana, s/o Nageswara Rao, R/o 5-1, Pedda Waltair, Visakhapatnam District (1 & 2 by RPAD- along with a copy of petition and affidavit)
3. One CC to Smt.S.V.Indira Advocate [OPUC]
4. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT]
5. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
6. One spare copy L HIGH COURT CMRJ DATED:10/11/2020 NOTE: LIST THE MATTER AFTER FOUR WEEKS NOTICE BEFORE ADMISSION WP.No.20935 of 2020