IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION NO: 12549 OF 2022

Between:

Gokavarapu Venkata Kumar, S/o. Late. Krishna Murthy, Hindu, Age. 53 years, D.No. 20-18-468, Nalla Cheruvu Katta, Near Koneru, R.Agraharam, Guntur.

...PETITIONER

AND

• 1. The State of Andhrapradesh, rep. by it's Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 2. The Superintendent of Police (Urban), Guntur District, Guntur.
• 3. The Deputy Superintendent of Police, East Circle, Lalapet Police station, Guntur.
• 4. The Sub-Inspector of Police, Ipur, Ipur Mandal, Guntur District.
• 5. VulliSambasivarao, S/o. Lakshmaiah, Aged about 60 years, Occ. Bike Mechanic, R/o. Flat 201, Annapurna Nilayam Apartments, Ayyappa Swamy Temple, SampathNagar, Guntur-4.
• 6. Vulli Anil Kumar, S/o. VulliSambasivarao, Aged about 60 years, Occ. Bike Mechanic, R/o. Flat 201, Annapurna Nilayam Apartments, Ayyappa Swamy Temple, SampathNagar, Guntur-4.
• 7. ThallamSeshagiri Rao, S/o. Late.Rama Swamy, Aged about 75 years, Occ. Bike Mechanic, R/o. Flat 101, Annapurna Nilayam Apartments, Ayyappa Swamy Temple, SampathNagar, Guntur-4.

...RESPONDENTS

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 actions of the respondent No. 2 to 4 in not providing the security to the petitioner, his family and apartment property contrary to the orders passed by the Hon'ble High Court in W.P.No.40517 of 2016, is illegal, arbitrary and against the Article 14,19,21 of the constitution of India.

IA NO: 1 OF 2022

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 respondent No. 2 to provide security to the family of the petitioner by assessing threat perception in accordance with law.

Counsel for the Petitioner(s): SRI. CHAKRAVARTHY P V S K

Counsel for the Respondents 1 to 4: GP FOR HOME

Counsel for the Respondents 5 to 7: NONE APPEARED

The Court made the following: ORDER

HON'BLE SRI JUSTICE K. SREENIVASA REDDY

Writ Petition No.12549 of 2022

Order:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer;

"....pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the actions of the respondent No 2 to 4 in not providing the security to the petitioner his family and apartment property contrary to the orders passed by the Hon'ble High Court in W P No 40517 of 2016 is illegal arbitrary and against the Article 14 19 21 of the constitution of India."

$\overline{2}$ . It is the case of the petitioner is that he is a practicing Doctor in Ayurveda Medicine. They registered a society vide registered No.44 of 1962 with the name "Aarya Vysya Sri Vasavi Kasi Annapurna Nirataanna Daana Vayovridda Aasrama Seva Sangham Trust" in Sampath Nagar, Guntur Town, with an intention to offer food for poor people regularly. They also built a temple of 'Kasi Annapurneswari" in the Society premises in Sampath Nagar at Ayyappaswamy Temple in Guntur City. In order to continue Nityannadhanam, temple committee built an apartment as "Annapurna Nilayam" and sold some flats. Respondents 5 to 7 who purchased flats in the said apartment

$\sim$ $\sim$

are creating nuisance and indulging in unlawful acts in the premises of the apartment such as cultivation of Ganja and other illegal activities. When the acts of respondents 5 to 7 are brought to the notice of respondents 2 to 4, they attacked the petitioner and his family members. When the petitioner made a representation before the police to provide security to the petitioner and his family members, no action is initiated.

3. Learned Assistant Government Pleader for Home submitted that the representation was made about 1 1/ ² year ago and the same not available with the respondent police, and a fresh application may be filed for passing necessary orders.

4. In view of the -above facts and circumstances of the case, petitioner is permitted to make a fresh representation before the jurisdictional police authorities within a period of two (2) weeks from the date of receipt of copy of this order and on receipt of such representation, police are directed to dispose of the said representation within a period of two (2) weeks thereafter.

Accordingly, with the above direction, the Writ 5.

Petition is disposed of. No costs.

As a sequel thereto, the miscellaneous petitions, if any,

pending in this Writ Petition shall stand closed.

S/d- M. PADMALATHA ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

• 1. The Principal Secretary, Home Department, State of Andhrapradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 2. The Superintendent of Police (Urban), Guntur District, Guntur.
• 3. The Deputy Superintendent of Police, East Circle, Lalapet Police station, Guntur.

• The Sub-Inspector of Police, Ipur, Ipur Mandal, Guntur District. One CC to SRI. CHAKRAVARTHY P V S K Advocate [OPUC] Two CCs to GP FOR HOME, High Court Of Andhra Pradesh. [OUT] < 7. Three CD Copies

Madhu

Pujitte

HIGH COURT

DATED:17/10/2023

ORDER

WP.No.12549 of 2022

DISPOSING THE WP WITHOUT COSTS