1 APHC010371712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19109/2025 Between: 1. DEVANA GOPICHAND, S/O. LATE SUBRAHMANYAM, AGED 64 YEARS, R/O. D.NO. 4-80/1, RAVURIPETA, POST OFFICE 0PP. LINE, VETAPALEM VILLAGE AND MANDAL BAPATIA DISTRICT (FORMERLY PRAKASAM DISTRICT). 2. DEVANA VIJAYALAKSHMI, W/O. GOPICHAND AGED 60 YEARS, R/O. D.NO. 4-80/1, RAVURIPETA, POST OFFICE 0PP. LINE, VETAPALEM VILLAGE AND MANDAL BAPATLA DISTRICT (FORMERLY PRAKASAM DISTRICT). 3. DEVANA SRIKANTH, S/O. GOPICHAND AGED 42 YEARS, R/O. D.NO. 4-80/1, RAVURIPETA, POST OFFICE 0PP. LINE, VETAPALEM VILLAGE AND MANDAL, BAPATLA DISTRICT (FORMERLY PRAKASAM DISTRICT). 4. DEVANA NAGA VENKATA HARINI, W/O. SRIKANTH AGED 39 YEARS, R/O. D.NO. 4-80/1, RAVURIPETA, POST OFFICE 0PP. LINE, VETAPALEM VILLAGE AND MANDAL, BAPATLA DISTRICT (FORMERLY PRAKASAM DISTRICT). 5. DEVANA RAVIKANTH, S/O. GOPICHAND AGED 40 YEARS, R/O. 4- 80/1, RAVURIPETA, POST OFFICE 0PP. LINE, VETAPALEM VILLAGE AND MANDAL BAPATLA DISTRICT (FORMERLY PRAKASAM DISTRICT). ...PETITIONER(S) AND 2 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, BAPATIA DISTRICT AT BAPATIA. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CHIRALA, BAPATLA DISTRICT. 4. THE INSPECTOR OF POLICE, CHIRALA, BAPATLA DISTRICT (FORMERLY PRAKASAM DISTRICT). 5. THE STATION HOUSE OFFICER, VETAPALEM POLICE STATION, VETAPALEM, BAPATLA DISTRICT (FORMERLY PRAKASAM DISTRICT). 6. THE DISTRICT COLLECTOR AND MAGISTRATE, BAPATIA DISTRICT AT BAPATLA 7. THE SUBDIVISIONAL MAGISTRATE CUMSUBCOLLECTOR, CHIRALA, BAPATLA DISTRICT. 8. THE MANDAL EXECUTIVE MAGISTRATE CUM THASILDAR, VETAPALEM MANDAL, BAPATIA DISTRICT. 9. TIRUVAYAIPATI VENKATESWARLU, S/O. RANGANAYAKULU, AGED 72 YEARS, OCCRTD. TEACHER, R/O. VETAPALEM VILLAGE AND MANDAL, BAPATIA DISTRICT. 10. K S RAMANUJAN, S/O. NOT KNOWN, AGED 72 YEARS, OCC DOCTOR, R/O. VETAPALEM VILLAGE AND MANDAL, BAPATIA DISTRICT. 1 11. MAJETI AYYAPPA, S/O. NOT KNOWN AGED 42 YEARS, OCC SANKAR MEDICAL STORE VENDOR R/O. VETAPALEM VILLAGE AND MANDAL, BAPATIA 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents on petitioners representation dated 31.05.2025, submitted for initiating 3 proceedings under Section 126 of The Bharatiya Nagarik Suraksha Sanhita, 2023 against the respondents 9 to 11 and bind over them to maintain peace and public tranquility, without committing any wrongful acts, at land/plot in Sy. No. 788 to an extent of Ac. 0.07.1/3 cents (355 Sq. Yds) situated at Kothapeta, Ramapuram Road, Vetapalem Mandal, Bapatla 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 6 to 8 to initiate proceedings under Chapter-Chapter IX, Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 against respondents 9 to 11 and their henchmen and pass Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 19109/2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased 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 on petitioners representation dated 31.05.2025, submitted for initiating proceedings under Section 126 of The Bharatiya Nagarik Suraksha Sanhita, 2023 against the respondents 9 to 11 and bind over them to maintain peace and public tranquility, without committing any wrongful acts, at land/plot in Sy. No. 788 to an extent of Ac. 0.07.1/3 cents (355 Sq. Yds) situated at Kothapeta, Ramapuram Road, Vetapalem Mandal, Bapatla 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 6 to 8 to initiate proceedings under Chapter-Chapter IX, Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 against respondents 9 to 11 and their henchmen and pass…” 2. When the matter is taken up for hearing, Sri Md.Farooq, learned Assistant Government Pleader for Home, on instructions, would submit that the Police have not received any representation from the petitioners. The subject matter in the present petition is of civil in nature. He would further submit that the allegation against the respondent Nos. 9 to 11 is that they have threatened the petitioners with dire consequences which is related to noncognizable offence. The petitioner shall prefer a private complaint. 3. Ms. Nimmagadda Revathi, learned counsel for the petitioners would submit that recording the same, the petition may be disposed of. 5 4. Recording the same, 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: 28.07.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.19109 of 2025 Dated.28.07.2025 UPS 84