1 APHC010352072025 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: 18110/2025 Between: 1. VEDICHERLA SAI VASANTHA,, W/O. SRINIVASULU REDDY, AGED ABOUT 53 YEARS, R/O. KAGITHALAPUR VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT. 3. THE SUBDIVISIONAL POLICE OFFICER, NELLORE, SPSR NELLORE DISTRICT.3. 4. THE STATION HOUSE OFFICER, MANUBOLU POLICE STATION, MANUBOLU, SPSR NELLORE DISTRICT. 5. THE TAHSILDAR, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. 6. GOTTAM BUJJAIAH, S/O. LATE RAMASUBBAIAH, AGED ABOUT 60 YEARS, R/O. KAGITHALAPUR VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. 7. GOTTAM VENKATA KRISHNAIAH, S/O. LATE RAMASUBBAIAH, AGED ABOUT 53 YEARS, R/O. KAGITHALAPUR VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. 2 8. GOTTAM RAVINDRA, S/O. VENKATA RAMANAIAH, AGED ABOUT 45 YEARS, R/O. KAGITHALAPUR VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. 9. GOTTAM MOUNIKA, W/O. MADHAN, GOTTAM RAVINDRA, AGED ABOUT 36 YEARS, R/O. KAGITHALAPUR VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. ...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 pleased to issue a Writ or direction or order one more particularly in the nature of Writ of Mandamus declaring the action of the 4th respondent in not registering the Crime / FIR based on the reports/ complaints dated 26.06.2025, 18.04.2025 and 21.10.2024 and not granting protection to the petitioner and petitioners property at the time of conducting survey is illegal, arbitrary and discriminative and violative of Articles 14, 19 and 21 of the Constitution of India and violation of Section 21 of The Andhra Pradesh (Andhra Area) District Police Act, 1859 and Consequently direct the 2nd respondent herein to register a crime / FIR based on the complaints / reports dated 26.06.2025, 18.04.2025 and 21.10.2024 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 may be pleased to direct the 4'^ respondent to grant the protection to the petitioner and petitioner’s property at the time of conducting survey and pass Counsel for the Petitioner: 1. SARANU PHANI TEJA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 18110/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ or direction or order one more particularly in the nature of Writ of Mandamus declaring the action of the 4th respondent in not registering the Crime / FIR based on the reports/complaints dated 26.06.2025, 18.04.2025 and 21.10.2024 and not granting protection to the petitioner and petitioners property at the time of conducting survey is illegal, arbitrary and discriminative and violative of Articles 14, 19 and 21 of the Constitution of India and violation of Section 21 of The Andhra Pradesh (Andhra Area) District Police Act, 1859 and Consequently direct the 2nd respondent herein to register a crime / FIR based on the complaints / reports dated 26.06.2025, 18.04.2025 and 21.10.2024 and pass…” 2. Heard Sri Saranu Phani Teja, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that the unofficial respondent herein filed a suit for specific performance against the petitioner. The said suit was dismissed on 18.05.2023. Now, the petitioner wanted to have a survey with the Surveyor, but the unofficial respondent is interfering, threatening the petitioner with dire consequences. 4. Learned Assistant Government Pleader for Home would submit that they have not received any report from the petitioner. On receipt of the writ affidavit, upon written instructions, learned Assistant Government Pleader 4 would submit that the Police could not register a criminal case against the unofficial respondent, since the subject matter is of civil in nature. 5. Learned counsel for the petitioner would further submit that there are ingredients to attract the offences of trespassing, criminal intimidation etc. 6. Considering the submissions made and in the light of the grievance of the petitioner, it is apposite to dispose of the petition, giving liberty to the petitioner to work out her remedies before the appropriate forum. 7. In the result, the Writ Petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.18110 of 2025 Dated.21.07.2025 UPS 70