APHC010323322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 0^ THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16465 OF 2025 Between: Gobburi Ramudu, S/o Kota Narasaiah, R/o.D.No.124-3-1015/1, 3rd Line, Summerpet, Near Luthern Church Guntur, Guntur District. Aged about 22 years ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Amaravathi, Guntur Revenue Department, Secretariat, Velagapudi, District. 2. The District Collector, Guntur, Guntur District. 3. The Revenue Divisional Officer, Guntur, Guntur District. 4. The Mandal Executive Magistrate and Tahsildar, GunturWest Guntur District. 5. The Station House Officer, Nallapadu Police Station, Nallapadu District. 6. Thalathoti John Abraham, Ryo.D.No.124-3-1034, Summerpeta,Guntur, Guntur District. Mandal, Guntur S/o Kennedy, Aged about 48 years Street No.3, Nallapadu Police Station road. ...Respondents f- 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 or Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Mc.No.302/2025-C dated 23.06.2025 initiated by the 4th Respondent under Section 164 of the BNSS, 2023 as illegal, arbitrary, without jurisdiction, unconstitution al, against to the Principles of Natural Justice and in violation of Articles 14, 21 and 300-A of the Constitution of India, consequently direct the 4th Respondent to refrain from interfering in civil disputes which are pending before competent civil court. lA NO: 1 OF 2025 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 4th Respondent not to proceed further in respect of Mc.No.302/2025-C dated 23.06.2025 issued under Section 164 of the BNSS pending disposal of the Writ Petition. Counsel for the Petitioner: MANIKANTA THOTA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5 : SRI SARIPUDI RAJA MOULI Counsel for the Respondent No.6: NONE APPEARED The Court made the following order: APHC010323322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16465/2025 Between: 1.GOBBURI RAMUDU, S/0 KOTA NARASAIAH, AGED ABOUT 22 YEARS, R/O.D.NO.124-3-1015/1, 3RD LINE, SUMMERPET, NEAR LUTHERN CHURCH, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, GUNTUR, GUNTUR DISTRICT. 4. THE MANDAL EXECUTIVE MAGISTRATE AND TAHSILDAR, GUNTURWEST MANDAL, GUNTUR DISTRICT. 5.THE STATION HOUSE OFFICER, NALLAPADU POLICE STATION, NALLAPADU, GUNTUR DISTRICT. S/O KENNEDY, AGED ABOUT 48 YEARS, RYO.D.NO.124-3-1034, STREET NO.3, NALLAPADU POLICE STATION ROAD, SUMMERPETA,GUNTUR, GUNTUR DISTRICT. 6.THALATHOTI JOHN ABRAHAM ...RESPONDENT(S): 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 2 pleased tomay be pleased to issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Mc.No.302/2025-C dated 23.06.2025 initiated by the 4th Respondent under Section 164 of the BNSS, 2023 as illegal, arbitrary, without jurisdiction, unconstitution al, against to the Principles of Natural Justice and in violation of Articles 14, 21 consequently direct the 4th Respondent to refrain from interfering in civil disputes which are pending before competent civil court and pass such lA NO: 1 OF 2025 and 300-A of the Constitution of India, 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 may be pleased to direct the 4th Respondent not to proceed further in respect of Mc.No.302/2025-C dated 23.06.2025 issued under Section 164 of the BNSS pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1.MANIKANTATHOTA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.SARIPUDI RAJA MOULI The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16465 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; - “To issue an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Mc.No.302/2025-C, dated 23.06.2025 initiated by the 4th Respondent under Section 164 of the BNSS, 2023 as illegal, arbitrary without Jurisdiction, un-constitutional against to the Principles of Natural Justice and in violation of Articles 14, 21 and 300-A of the Constitution of India, consequently direct the 4th Respondent to refrain from interfering in civil disputes which are pending before competent civil court and pass such other order. ” Heard the learned counsel for the petitioner and the learned 2. Assistant Government Pleader for Revenue appearing for the respondent Nos. 1 to 4 and Sri S.Raj kumar, learned counsel for respondent. Learned counsel for the petitioner submits that the 4‘^ respondent at the request of 5'*^ respondent, issued summons to the 3. petitioner on 23.06.2025 under Section 164 of BNSS, 2023, on the guise of the petitioner causing breach of Law and Order problem having disputes between the petitioner and the respondent regardingthe title of the subject property. He further submits that on the guise of maintenance of Law and Order, the 4**^ respondent herein is trying to conduct enquiry regarding the title and civil disputes between the petitioner and the 6^*^ respondent. The learned A 4 counsel for the petitioner further submits that there is a civil dispute between the petitioner and the respondent pending for consideration before the Court below. Even though the civil disputes are pending before the Court below, the 4*'^ respondent, at the behest of respondent, is interfering with the civil disputes between the petitioner and the 6*'' respondent under Section 164 of BNSS, 2023. On the other hand, the learned Assistant Government Pleader for Revenue furnished written instructions of 4*^ respondent dated 02.07.2025, wherein it is stated as follows: 4. The issuance of summons is U/s.164 of BNSS, 2023 and invocation of any civil laws has taken place and the implication of Section 164 of BNSS, 2023 is pertaining to Law-and-order issue but not any civil matter pertaining to title. The petitioner despite providing explanation on the circumstances that took place which may cause breach of peace has approached the Hon’ble Court without any merits. In this regard the matter was taken up as law & Order issue but not as civil dispute and allegation of the petitioner in issuance of summons U/s.164 of BNSS as interference in civil disputes is purely baseless as the summons did not invoke any civil laws. In view of the above, it is humbly submitted that: The impugned action in Mc.No.302/2025-C dated 23.06.2025 is legal, within jurisdiction, and in accordance with BNSS, 2023 but not invocation of any civil laws. The prayer sought by the petitioner is misconceived and liable to be rejected. It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to dismiss the above writ petition and pass such other order or orders as may be deemed just and proper in the facts and circumstances of the case. no 5. The learned Assistant Government Pleader for Revenue further submits that the 4*^ respondent is not interfering with the civil disputes of the petitioner, the subject summons was issued to the / 5 counsel of the petitioner and respondent to maintain the public tranquility and to make counselling between them. Considering the submissions of learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and the learned counsel for the 6**^ respondent Sri S.Rajkumar and on perusal of material on record, this Court inclined to dispose of this Writ Petition directing the petitioner and the respondents 5 and 6 to maintain public tranquility in that particular area and the 4^*' respondent is hereby restrained to enter into the civil disputes between the petitioner and the 6*^ respondent, as the civil disputes pending before the Court below, however, the respondents 4 and 5 are at liberty to take appropriate action, if necessary, to maintain law and order between the petitioner and the respondent with 6. are regard to subject property. With the above directions, the Writ Petition is disposed of. 7. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall Sd/- M. SRINIVAS ASSISTANT REGISTRY also stand closed. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Guntur, Guntur District. 3. The Revenue Divisional Officer, Guntur, Guntur District. 4. The Mandal Executive Magistrate and Tahsildar, GunturWest Mandal, Guntur District. Revenue Department, Secretariat, 5. The Station House Officer, Nallapadu Police Station, Nallapadu, Guntur District. 6. One CC to SRI. MANIKANTA THOTA Advocate [OPUC] 7. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 8. One CC to SRI. SARIPUDI RAJA MOULI Advocate [OPUC] 9. Two CD Copies. 0^ AL HIGH COURT DATED:10/07/2025 of ORDER WP NO. 16465 OF 2025 I 75 JUI CO. O^ ^ Curreni aecuon ^ DISPOSING OF THE W.P. WITHOUT COSTS