IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY. THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5638 OF 2025 Between: Rachamalli Ramesh, S/o R. Varadaiah, Aged about 52 years, R/o Flat No. G7, 4th Floor, My Homes Apartment, Srinagar Colony Near Annamaya Circle Nellore City, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P, at Amaravathi 2. The Mandal Executive Magistrate and Tahsildar, Nellore Rural mandal, SPSR Nellore District. 3. The Station House Officer, Nellore Rural Police station, SPSR Nellore District. ...Respondents Petition under Section 482 of Cr.P.C & 528 of BNSS 2023, that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash entire proceedings against the petitioners in Rc.B.No.954/2024, dated 15.02.2025 issued by The Mandal Executive Magistrate and Tahsildar, Nellore Rural Mandal, SPSR Nellore District in connection thereto pending on the file of the 2'"'' Respondent. praying I.A. NO: 2 OF 2025 //' Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to suspend the operation of order in Rc.B.No.954/2024, dated 15.02.2025 issued by The Mandal Executive Magistrate and Tahsildar, Nellore Rural Mandal, SPSR Nellore District, i.e., the 2nd Respondent, pending disposal of the main Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sivaprasad Reddy Venati, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondents. The Court made the following order: APHC010222732025 -/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5638/2025 Between: Rachamalli Ramesh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.SIVAPRASAD REDDY VENATi Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 The Court made the following Order: Learned counsel for the petitioner submits that the impugned proceedings dated 15.02.2025 was issued by the Mandal Executive Magistrate and Tahsildar, Nellore Rural Mandal. It is submitted that these proceedings could have been issued had there been an existing law and order problem between the groups. It is submitted that the impugned order refers to appeal bearing No. CCLA 251 of 2014 which is pending before the Commissioner of Appeals of Chief Commissioner of Land Administration, Managalagiri, and that the appeal case is posted for hearing on 04.03.2025. Learned counsel for the petitioner submits that the hearing could not take place on 04.03.2025 and is still pending consideration. It is submitted that the impugned proceedings are issued referring to an appeal which was filed in the year 2014. That apart, it is also submitted that the impugned proceedings also do not refer to the rival climate of the property which forms subject of the impugned notice. The 1®‘ petitioner has purchased the property in the year 2015 and the 2'^'^ petitioner has purchased the property in the year 2009 vide registered sale deeds. 2. 3. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. Considering the submissions, the impugned proceedings are issued without there being threat for law and order problem from the concerned police station. At the instance of the Village Revenue Officer, the impugned proceedings are issued. A Village Revenue Officer cannot decide 4. 3 on or adjudicate the possibility of law and order issue over a property. It is also curious to note that the impugned proceedings do not refer to the rival climate and the possibility of a law and order situation arising over the rival climates. 5. On these grounds, the impugned proceedings vide Rc.B.No.954 of 2024 dated 15.02.2025 issued by the Mandal Executive Magistrate and Tahsildar, Nellore Rural Mandal, SPSR Nellore district, is hereby set aside. Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand 6. 7. closed. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Mandal Executive Magistrate and Tahsildar, SPSR Nellore District 2. The Station House Officer, Nellore Rural Police District. 3. One CC to Sri Sivaprasad Reddy Venati Advocate [ “ 4. Two GO'S to The Public Prosecutor, High Court of Andhra Amaravati [OUT] 5. Two CD Copies Nellore Rural mandal station, SPSR Nellore [OPUC] Pradesh at SAM RAM HIGH COURT \ DATED:17/06/2025 ORDER CRLP.No.5638 of 2025 2oa ALLLOWING THE CRLP