APHC010349032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 17737 OF 2025 Between: Vathsvai Ravivarma, S/o.Venkata Ramakrishna Murthy Raju Aged about 58 years, R/0.262-12A, Khandala Tower, Hill County, Nizampet Road, Bachupally, K.V.Rangareddy District, Telangana State. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal SecretarY, Home Department, Secretariat, Velagapudi, Amaravati. 2. The Director General of Police, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. The Commissioner of Police, Police Barracks, Visakhapatnam, Visakhapatnam District. 4. The Assistant Commissioner of Police, Pendurthi, Visakhapatnam, Visakhapatnam District. 5. The Station House Officer, Pendurthi Police Station, Pendurthi, Visakhapatnam, Visakhapatnam District. 6. Kolli Suresh Kumar, S/o.Kolli Ramu, Aged about 35 years, R/o.D.No.7- 36, Opp High School, Kothavasala Village Vizianagaram District. PIN 535183. 7. Nebarthi Samudram Naidu, S/o.Ammatalli Naidu, Aged about 36 years, Pendurthi, Visakhapatnam, R/o.D.No. 11-97/1 B.C.Colony, Visakhapatna District. PIN531173. 8. Bolem Swathi, D/o.Boiem Paidinaidu, Aged about 29 years, R/o.Plot fvlo.101, Balajinagar Purushothapuram, Sujathanagar, Visakhapatnam, Visakhapatnam District. PIN 530051. 9. Saripalli Himabindu, W/o.Vishnukumar, Aged about 35 years, R/o.36- 92-438/1/2, Indiranagar-I, Visakhapatnam District.530008. Kanchanrapalem, Viskhapatnam 10. Gedela Eswara Rao, S/o.Saytam, Aged about 46 years, R/o.4- 206, 0pp. Elementary School, Giriprasadnagar-I, Sujathanagar, Visakhapatnam, Visakhapatnam District. PIN 530051. Gedela Appala Naidu, , S/o.Satyam, Aged about 39 years, R/o.Gedelavanipalem, Ganivada, Vizianagaram, Vizianagaram District. PIN 535240. 11. 12. Simma Mallamma, W/o.Jagannadham, Aged about 60 years, R/o.Main Street, Savarddapanasa, Anguru, Srikakulam District. PIN 532426. 13. V Subramanya Sarma, S/o.Viswanadha Sarma, Aged about 76 years, R/o.D.No.5-168/1, Teachers Colony, Visakhapatnam, Visakhapatnam District. 532426. Kapu Suseela, W/o.K.Narasimha Rao, Petitioner, R/o.Flat No.207, Chinnamushidiwada, 532426. Sujathanagar, 14. Aged not known to Laxmi Paradise, Sujathanagar, Visakhapatnam, Visakhapatnam District. PIN 15. Teeda Jagannadham, S/o.T.Rama Rao, Aged not known to Satyanagar, Chinnamushidiwada, Petitioner, R/o.D.No.1-110, Visakhapatnam Visakhapatnam District. PIN 532426 ...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 dedaring the action of the Respondent Authorities in not considering the Complaint dated 10-3- 2025 made by the Petitioner, and not registering F.I.R against the Respondents 6 to 15 as arbitrary, illegal, unconstitutional, against to principles of natural justice and consequently direct the Respondent Authorities to register FIR against the Respondents 6 to 15 and proceed with the case. 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 Respondent Authorities to consider the Petitioner’s Complaint dated 10-3-2025 and register FIR against the Respondents 6 to 15, pending disposal of the above writ petition. Counselfor the Petitioner:SRI BOLLAVENKATARAMA RAO Counsel for the Respondent Nos.1 to 5: GP FOR HOME Counsel for the Respondent Nos.6 to 15: NONE APPEARED The Court made the following order: APHC010349032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No. 17737/2025 Between: VATHSVAI RAVIVARMA, S/O.VENKATA RAMAKRISHNA MURTHY RAJU AGED ABOUT 58 YEARS, R/0.262-12A, KHANDALA TOWER, HILL COUNTY, NIZAMPET ROAD, BACHUPALLY, K.V.RANGAREDDY DISTRICT, TELANGANA STATE. ...PETITIONER 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF POLICE, POLICE BARRACKS, VISAKHAPATMAM, VISAKHAPATNAM DISTRICT. 4. THE ASSISTANT COMMISSIONER OF POLICE, PENDURTHI VISAKHAPATNAM, VISAKH.APATNAM DISTRICT. 5. THE STATION HOUSE OFFICER, PENDURTHI POLICE STATION, PENDURTHI, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT 6. KOLLI SURESH KUMAR, S/O.KOLLI RAMU YEARS, R/O.D.NO.7-36, VILLAGE VIZIANAGARAM DISTRICT. PIN 535183. 7. NE3ARTHI SAMUDRAM NAIDU, S/O.AMMAT>aLL! NAIDU, AGED ABOUT 36 YEARS, R/0.D.NO. 11-97/1, B.C.COLONY, PENDURTHI, VkSAKHAPATNAM, ViSAKHAPATNA DISTRICT. PIN531173. 8. BOLEM SWATHI, D/O.BOLEM PAIDINAIDU YEARS, PURUSHOTHAPURAM, SUJATHANAGAR, VIvSAKHAPATNAM DISTRICT PIN 530051. 9. vSARIPALLI H1M.ABINDU, W/O.VISHNUKUMAR, AGED ABOUT 35 YEARS, R/0.36-92-438/1/2, INDIRANAGAR-I. KANCHANR.APALEM, V’SKHAPATNAM, VkSAKHAPATNAM DISTRICT.530008. 10.GEDELA ESWARA RAO, S/O.SAYTAM, AGED ABOUT 46 YEARS, R/O.4-206, OPP. ELEMENTARY SCHOOL, GIRIPRASADNAGAR-I, SUJATHANAGAR, VISAKHAPATNAM, DISTRICT. PIN 530051. AND AGED ABOUT 35 OPP HIGH SCHOOL, KOTHAVASALA AGED ,4BOUT 29 BALAJINAGAR VISAKHAPATNAM, R/0. PLOT FVLO.101 VISAKHAPATNAM 2 I'lGEDLLA APrA^A NAiDJ, , S/O.SATYAM, AGED ABOUT 39 '^EARUA R/O.GEDELAVAfsIPALEiVl, GAMIVADA, VIZIANAGARAM, V.;:i.-.NAGARA^<i DISTRICT. PIN 535240. 12.3A1MA MALLAMIViA, W/O.JAGANNADHAM, AGED ABOUT 60 YEAF.;S, R/O.MAIN STREET, SAVARDDAPANASA, ANGURU, 3RjK>\KljLAM DiSTRICT. PIN 532426. 13.V SUBRAMANYA SARMA, S/O.VISWANADHA SARMA, AGED ABOUT 76 YEARS, R/0.D.NO.5-168/1, TEACHERS COLONY, MH.ANAGAR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. C i M 532426. 14.ICAPU SEELA, VV/O.K.NARASiMHA RAO, AGED NOT KNOWN TO PETITIONER, R/O.FLAT NO.207, S U JAT I i,ANAGAR. CHIN NAM U S HIDIWADA VISAKHAPATNAM DISTRICT. PIN 532426. 15.TEEDA JAGANNADHAM, , S/O.T.RAMA RAO, AGED NOT KNOWN R/O.D.NO.1-110, VISAKHAPATNAM C 1 C G-' LAXMI PARADISE, VISAKHAPATNAM, PETITIONER, CHINNAMUSHIDIWADA DiSTRiCT. PIN 532426 SATYANAGAR, VISAKHAPATNAM TO ...RESPONDENT(S): Counsel for the Petitioner: 1. BOLLA VENKATA RAMA RAO Counsel for the Respondent(S): 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 of Mandamus declaring the action of the Respondent Authorities in not considering the Complaint dated 10-3-2025 made by the Petitioner, and not registering F.I.R against the Respondents 6 to 15 as arbitrary, illegal, unconstitutional, against to principles of natural justice and consequently direct the Respondent Authorities to register FIR against the Respondents 6 to 15 and proceed with the case. ” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that, the matter is civil in nature and the Police are not interfering in the civil issues. 3 For ready reference, the written instructions are extracted hereunder; 3. “/ humbly submit that in . this issue both the parties are having documents, as it is civil matter both the parties are sent for PCLF for counseling and also addressed letter to the Tahsildar, Pendurthi Mandal, Visakhapatnam City for conducting detailed survey over the disputed land. The Tahsildar, Pendurthi Mandal stated that both the parties are having documents, the Tahsildar noticed that the Visakhapatnam City Teachers Co-Operative House Building Society have not marked any plots in the extent of 3113 Square yards covered in Sy.No. 184/1, later a new unapproved layout was formed in the same extent of land in the same survey number, further noticed that the four side walls partially broken which was constructed and in the possession of Sri Ravi Varma and others earlier and also enclosed the documents for ready reference. I further submit that as this is Civil matter Police cannot proceed without the direction of the Honbie Court by registering the case. Sri Bolia Venkata Rama Rao, learned counsel for the Petitioner would 4. submit that the Court may pass appropriate orders. Considering the submissions made, the Writ F^etition is disposed of. However, the Petitioner is at liberty to work out his remedies before appropriate forum in accordance with law. There shall be no order as to 5. costs. As a sequel thereto, misceiianeous .petitions, if any, pending shall stand Sd/- K. TATA RAO DEPUTY REGISTRAR closed. //true copy// SECTION OFFICER To, , Secretariat, Velagapudi, Home Department , Government of Andhra Pradesh 1. The Principal Secretary Amaravati. 2. The Director General of Pol Mangalagiri,Guntur D'stnct 3 The Commissioner of Police, Visakhapatnam District. Barracks, Visakhapatnam 4. The Assistant Commissioner of Police, Pendurthi, Visakhapatnam, Visakhapatnam District. 5. The Station House Officer, Pendurthi Police Station, Pendurthi, Visakhapatnam, Visakhapatnam District. 6. One CC to Sri. Bolla Venkata Rama Rao, Advocate [OPUC] 7. Two CCs to GP For Home, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. AL HIGH COURT DATED:21/07/2025 ORDER WP NO. 17737 OF 2025 0 2 AUG 2025 )% ntSectionx^' Co DISPOSING OF THE W.P. WITHOUT COSTS