The High Court · 2025
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Mr, Chatta R_amesh Naidu, s/o Chatta Thirupathaiah Aged about 41 years, lndian Occ: Software Enqineer R/o '15026, CALLOW FO;REST Dr Cha'rlotte, N.C,28273, USA Smt Sunle Jyothi._Wo Chatta Ramesh Naidu Aged about 3g years, Occ : Software Engineer R/o 15026, CALLOW FORESI-Dr. Chartotte,'N C. 28223, !p{ Aot! are Rep. by their G.P.A. Hotder Sri Chatta Thirupathiiah gO Late gq?ial' |Sgq_about 64 years, lndian, Occ : Retd. Sanitary Supervisor R/o D No.3-29-'107. Ramanuji Kutam Near Krishna Nagar, Guntur, A.p, AND ...PETITIONERS Velagapudi. Guntur District, A.P
1. T.he State of-A P lep by its Prl. Secretary Home Department, Secretariat, 2 The Director General of Police Andhra Pradesh, At Lakdikapool, Hyderabad 3 The Superintendent-o-f Police Ananthapur, District, Anantha'pur 4. The Station House Officer, ll Town poiice station, Ananthapur 5. M/s Anjaniputra lnfrastructure Pvt. Ltd., D No.10-1 -1BtC, Ap Coop Building, Shamnagar co[ony_, A/asabtank, Hyderabad Rep. by its Managing birector S-ri Babu Sujit Reddy S/o Sitaram BabL 6. M. Sudarshan Kumar Reddy @ M.sudarshan Reddy, Sio M. Narsimha Red.dy,irggd about 44 years OcC- Business, R/o GD At[as Apartments, Road No.'10, Banjara Hills. Hyderabad 7. Chavva Venkata Manohar Reddy. S/o Chavva Venkata Rami Reddy Director of M/s Anjaniputra lnfra. Pvt. Ltd., D. No.121581, Sai Nagar Ananthdpur - 5.15 001 ,..RESPONDENTS Petition under Article 226 ol the Constitution of lndia 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 inaction of the respondents .l to 4 for arresting the accused i.e., respondent No.7 in pursuance of the orders passed on 17-12-2015 to '16-08-2016 for 16 adjournments in E.A.No.17 of 2011 in C.C.No.47 of 2011 on the file of Hon'ble Telangana State Consumer Dispute 7/ Redressal Commission as illegal, arbitrary in violation of A t. 14. '19 and 21 of the Constitution of lndia and consequently direct the respond: rts 1 to 4 to arrest the accused respondent No.7 and produce before the Ho 'ble State Consumer Disputes Redresssal Commission l.A. NO: 1 OF 20'16(WPMP. NO: 5'1997 oF 2016) Petition under Section 151 CPC praying that in the ( rcumstances stated in the affidavit filed in support of the petition, the High C()r rt may be pleased to direct the respondents 1 to 4 to implement the orders pass,t d by the Hon'ble State Consumer Dispute Redressal Commission in E.A.No.17 o 201'l in C.C.No.47 of 201 1 dated 17-12-2015 to 16-08-2016 for 16 adjou' ments to arrest the respondent No.7 and produce before the Hon'ble Tela I yana State Consumer Disputes Redressal Commrssion forthwith; pending dispos: of the writ petition Counsel for the Petitioner: SRI P. GOPAL OAS Counsel for the Respondent Nos. 1to4: SRI R. LAXMIKII ITH REDDY, AGP FOR H: ME Counsel for the Respondent Nos. 5to7:-- The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 421740F 2016 ORDER This writ Petition is filed under Article 226 0f constitution of lndia seeking the following relief "...fo issue a writ or order more pafticularly one in the nature of wit of mandamus dectaring the inaction of the respondents 1 to 4 for L,rresting the accused i.e., respondent No,7 in.purs.uance of the ,ra"t" ir"""a on 17.12.2015 to 16-08'2016 for 16 adiournments in E.i.No'.tt of 2011 in C.C.No.47 of 2011 on the file of Hon'ble Commission as lelatngana State Consumer Dispute Redressal . ,nigiiitit^i in violation ol Atl 14, 19 and 21 of the Constitution of iiiii iri direct the respondents No 1 to 4 to anest the and produce before the Hon'ble State ,i"i"uA respon'dent Ciiiu^", tiisputes Redresssa/ Commission to pass such other irO", ot orders as this Hon'ble Coud may deems fit just and proper in the circumstances of the case .. -. " "on""quentty 'No.7 2 None appeared for the petitioners.
3. Heard Mr.R.Laxmikanth Reddy' learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4'
4. The Learned Assistant Government Pleader submitted that there is no specific direction either from the Court or from any competent authority for arresting respondent No 7 in pursuance of the order passed in E A' No.17of2011inC'C.No.4Tot2OllonthefileoftheTelanganaState Consumer Disputes Redressal Commission Accordingly' the cause raised against respondent Nos.1 to 4 does not survive' 5 I have carefully perused the material available on record \ \ t t --t 1
6. The petitioner's grievance is that respondent Nos . to 4 have acted indifferently in arresting the respondent No.7/accused. - )wever, as seen from the docket order referred to by the petitioner in E I No.17 ot 2011, which is the latest order in c.c. No.47 of 2011, there * no direction for arresting respondent No 7. The docket order dated 03 ( 9.2014 indicates that non-bailable warrants were pending against responi >nt No.2 therein. Nonetheless, there is no pleading or material on recor( to suggest any mala fides on the part of respondent Nos.1 to 4 in the e <ecution of such warrants. ln these circumstances, the non-executior of non-bailable warrants, despite efforts, cannot be construed as dr-. berate inaction. Therefore, issuance of any direction in this regard is neitt- -=r warranted nor necessary.
7. Having regard to the above facts and the relir: sought by the petitioner, this court finds that the writ petition is r rt maintainable. Accordingly, the writ petition is dismissed. However, this : smissar shail be without prejudice to the right of the petitioner to avail appr >priate remedies under law, should any subsisting cause of actioh arise in t r ; future.
8. Accordingly, the Writ petition is dismissed. There s rall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand . osed. SC/ M. OSMAN ALI BAIG n Abt tsrANT necrsrien i\ I SECTION OFFICER l- //TRUE COPY// To, _T __# '1 One CC to SRl. P GOPAL DAS, Advocate IOPUCI 2. Two CCs to GP FOR HOME ,High Court foithe Stite c .Telangana 3. Two CD Copies Hyderabad [OUTI I I HIGH COURT DATED:2610812025 ORDER WP.No.42174 ot 2016 6 ,+ \ t NHE l l rfg i{rif DISMISSING THE WRIT PETITION WI'IHOUT COSTS q*