Andhra Pradesh High Court - Amravati
Mutnuru Suryaprakasa Rao, vs State Of Andhra Pradesh, on 10 December, 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) ot Sarg roe ere THURSDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION NO: 23462 OF 2020 Between: 1. Mutnuru Suryaprakasa Rao, S/o Late Appala Suranarayana Rao, Hindu,Aged about . 76 years,R/o.D.No.13-19, Cheepurupalli Street, Bobbili, VizianagaramDistrict. 2. Mutunuru Lakshmi Kantham, W/o Suryaprakasa Rao, Hindu, Aged 74 Years, llouse-wife, R/o. D.No.13-19, Chcepurupalli Street, Bobbili, Vizianagaram District. 3. Vallabhajosula V.V.N Surya Kumari, W/o V.Vasudave Murthy, Hindu, Aged 47 Years, House Wife. R/o. D.No. 9-17-23, Flat No.403, G.G.M Reddy Apartments, VIP Road, C.B.M. Compound, Vishakhapatnam, Andhra University, Vishakhapatnam District. 4. Vallabhajosula J.N.Vasudave Murthy, S/o V. Chinna Joga Rao, Hindu, Aged 49 years, R/o. D.No. 9-17-23. Flat No.403, G.G.M Reddy, Apartments, V.I.P Road, C.B.M. Compound, Vishakhapatnam, Andhra University, Vishakhapatnam District. Petitioners AND 1. State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur Distr 2. The Director General of Police, Police Head Quarters, Mangalagm, Guntur Rural District. The Superintendent of Police, Vizianagaram District. The Station House Officer, Bobbili Police Station, Vizianagaram District. Pusarla Sri Lakshmi, W/o Srinivasa Rao Hindu Aged 44 years, House-Wife, R/o Sri Srinivas Jewellary, Main Road, Bobbili, Vizianagaram District. 6. Pusarla Srinivasa Rao, S/o Lakshmi Narayana, Hindu Aged 52 years, Business, R/o Sri Srinivas Jewellary, Main Road, Bobbili, Vizianagaram District. on ® & Respondents
WHEREAS the Petitioner above named through their Advocate Sri.Narasimha Rao Gudiseva 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents especially 4th Respondent in harassing the Petitioners at the instance of Respondents 5 and 6 by calling the Petitioners to 4th Respondent Police Station by interfering in Civil disputes and pressurizing them to compromise the Civil dispute with Respondents 5 and 6 and insisting to execute the register the sale deed in favour of 5th Respondent in respect of Petitioners Two floors building, which is illegal, irregular, arbitrary, un-constitutional, against to the Principles of Natural Justice, contra to the guidelines and true spirit of G-O.Ms. No.288, Dated 06-11- 2010 issued by the 1st Respondent and in violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents especially 4th Respondent not to harass the Petitioners by calling them to 4th Respondent Police Station in interfering in Civil Disputes;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.Narasimha Rao Gudiseva Advocate for the Petitioners and learned Government Pleader for Home for Respondent Nos.1 to 4, directed issue of notice to the Respondent Nos.5 & 6 herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
4. Pusarla Sri Lakshmi, W/o Srinivasa Rao, R/o Sri Srinivas Jewellary, Main Road, Bobbili, Vizianagaram District.
2. Pusarla Srinivasa Rao, S/o Lakshmi Narayana, R/o Sri Srinivas Jewellary, Main Road, Bobbili, Vizianagaram 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 02.01.2021, on which date the case stands posted for hearing.
IA NO: 1 OF 2020 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 Respondents forthwith especially 4th Respondent not to harass the Petitioners by calling them or their family members to the 4th Respondent Police Station by interfering in Civil Disputes, pending disposal of Writ Petition No. 23462 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Learned Government Pleader for Home has taken notice for respondent Nos.1 to 4 and requests time to seek instructions. Issue notice to respondent Nos.5 and 6.
Post the matter after three (03) weeks.
In the meanwhile, there shall be a direction to the respondent -- police officials not to call the petitioners to the Police Station as the dispute primarily appears to be of civil nature, till the next date of hearing.
nee E. KAMESHWARA RAO TRUE COPY// esis Ae RAR , For ASSISTANT REGISTRAR O,
1. The Principal Secretary, Home Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur Distr
2. The Director General of Police, Police Head Quarters, Mangalagm, Guntur Rural District.
The Superintendent of Police, Vizianagaram District. The Station House Officer, Bobbili Police Station, Vizianagaram District. Pusarla Sri Lakshmi, W/o Srinivasa Rao, R/o Sri Srinivas Jewellary, Main Road, Bobbili, Vizianagaram District.
6. Pusarla Srinivasa Rao, S/o Lakshmi Narayana, R/o Sri Srinivas Jewellary, Main Road, Bobbili, Vizianagaram District. (1 to 6 by RPAD- along with a copy of petition and affidavit) One CC to Sri.Narasimha Rao Gudiseva Advocate [OPUC] Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] One spare copy ok w& (9 COM SRL HIGH COURT CMRJ DATED:10/12/2020 .
NOTE: POST THE MATTER AFTER THREE (03) WEEKS NOTICE BEFORE ADMISSION WP.No.23462 of 2020 DIRECTION