APHC010325552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17884/2025 Between: 1. KOLUSU SIVA PARVATHI, W/O. BRAHMAM, AGED 42 YEARS, OCC CULTIVATION R/O. D.NO. 2-184A, MEERZAPURAM VILLAGE, NUZVID MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, Rep. by Principal Secretary to Government, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. ...RESPONDENT 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents 1 to 8 on petitioners representation dt. 14.06.2025, submitted for initiating proceedings under Section 126 of The Bharatiya Nagarik Suraksha Sanhita, 2023 against the respondents 9 to 14 and their followers for repeated illegal acts and high handed interference and forcibly entering into her property with deadly weapons and committing neck out from her property and threatening with peaceful living apart from creating Obstruction and Nuisance, thereby causing breach of peace and disturbance to public tranquility at their Respondents respective landed property in an extent of Ac.0.90 cents in Sy.No. 274/3 of Meerzapuram Revenue Village, Nuzvid Mandal, Eluru District, as illegal, irregular, irrational and amounts to non- discharge of legal obligation conferred on respondents 1 to 8 under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 8, particularly respondents 3 to 5 to initiate proceedings under Chapter- Chapter IX, Section 164 of Bharatiya Nagarik Suraksha Sanhita, 2023 against respondents 9 to 14 and their henchmen for maintaining peace and good behavior without causing any disturbance there to and without danger to petitioners life, liberty and property and pass IA 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 Pleased to direct the respondents 2 to 8 to consider and initiate necessary action on petitioners’ representation dated 14.06.2025, submitted for initiating proceedings under Chapter IX, Section 126 of Bharatiya Nagarik Suraksha 2 Sanhita, 2023 to bind over respondents 9 to 14 and maintain peace and public tranquility, without committing any wrongful acts, apart from protecting the petitioners’ life, liberty and property, pending disposal of the main Writ Petition and pas Counsel for the Petitioner: 1. PETLURI NAGA RAJU Counsel for the Respondent: 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents 1 to 8 on petitioners representation dt.14.06.2025 submitted for initiating proceedings under Section 126 of The Bharatiya Nagarik Suraksha Sanhita 2023 against the respondents 9 to 14 and their followers for repeated illegal acts and high handed interference and forcibly entering into her property with deadly weapons and committing neck out from her property and threatening with peaceful living apart from creating Obstruction and Nuisance thereby causing breach of peace and disturbance to public tranquility at their Respondents respective landed property in an extent of Ac.0.90 cents in Sy.No.274/3 of Meerzapuram Revenue Village Nuzvid Mandal Eluru District as illegal irregular irrational and amounts to nondischarge of legal obligation conferred on respondents 1 to 8 under the provisions of Bharatiya Nagarik Suraksha Sanhita 2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 8 particularly respondents 3 to 5 to initiate proceedings under ChapterChapter IX Section 164 of Bharatiya Nagarik Suraksha Sanhita 2023 against respondents 9 to 14 and their henchmen for maintaining peace and good behaviour without causing any disturbance there to and without danger to petitioners life liberty and property.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that there are civil disputes between the parties and the grievance of the petitioner may be redressed before the competent Court. Hence, the petition may be disposed of. 3. For ready reference, the written instructions are extracted hereunder: 3 “It is submitted that this respondent police orally suggested the petitioner to seek her redressal in a competent court of law as her dispute with the unofficial respondents herein is purely civil in nature. There is no specific basis to initiate action against the unofficial respondents U/sec.126 Cr.P.C. No criminal case whatsoever registered sofar over the subject land in question. ” 4. Learned counsel for the Petitioner would submit that the Court may pass appropriate orders. 5. Considering the submissions made, the Writ Petition is disposed of. However, the Petitioner is at liberty to work out her remedies before appropriate forum in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:29.07.2025 ASR 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.17884 of 2025 Dt.29.07.2025 Asr