APHC010429522025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. GOLLAPOTHU SYAMA SUNDARAMMA, W/o. Ramesh Aged 39 years, Occ. House wife, R/o. Palle Palem, Pakala Village and Panchayat, Singarayakonda Mandal, Prakasam District, Andhra Pradesh 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Prakasam District, Ongole. 3. The Deputy Superintendent of Police, Singarayakonda Mandal District. 4. The Station House Officer, Singarayakonda Police Station, Singarayakonda, Guntur District. 5. Aptus Value Housing Finance Limited, Represented by its Cluster Manager, Ongole, Prakasam District - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22409 OF 2025 1. GOLLAPOTHU SYAMA SUNDARAMMA, W/o. Ramesh Aged 39 years, Occ. House wife, R/o. Palle Palem, Pakala Village and Panchayat, Singarayakonda Mandal, Prakasam District, Andhra Pradesh - 523101 ...Petitioner AND ndhra Pradesh, Rep. by the Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Prakasam District, Ongole. 3. The Deputy Superintendent of Police, Singarayakonda Mandal, Prakasam 4. The Station House Officer, Singarayakonda Police Station, Singarayakonda, Guntur District. 5. Aptus Value Housing Finance Limited, Represented by its Cluster Manager, - 523001 IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. GOLLAPOTHU SYAMA SUNDARAMMA, W/o. Ramesh Aged 39 years, Occ. House wife, R/o. Palle Palem, Pakala Village and Panchayat, 523101 ...Petitioner ndhra Pradesh, Rep. by the Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. , Prakasam 4. The Station House Officer, Singarayakonda Police Station, 5. Aptus Value Housing Finance Limited, Represented by its Cluster Manager, 6. Gollapothu Bhaskara Rao, S/o. Venkateswarlu Aged 39 years, Occ. Unknown, R/o. Palle Palem, Pakala Village and Panchayat, Singarayakonda Mandal, Prakasam District, Andhra Pradesh - 523101 ...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 pleased to issue a Writ, Order or Direction more particularly one in the nature of 'Writ of Mandamus' declaring the inaction of the 4th respondent in registering the written complaint dated 30-06-2025 submitted by the petitioner as an FIR and conducting investigation thereon, as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India, and contrary to the procedure contemplated under the provisions of BNSS Act, consequently direct the 4th respondent to register the petitioner's complaint dated 30-06- 2025as an FIR, and investigate the matter in accordance with law, and to 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 respondent No.4 herein to register the petitioner’s complaint dated 30-06-2025as an FIR, and investigate the matter in accordance with law pending disposal of the Writ Petition and pass Counsel for the Petitioner: M RAVIKANTH REDDY Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22409 OF 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 of the 4th respondent in registering the written complaint dated 30-06-2025 submitted by the petitioner as an FIR and conducting investigation thereon, as illegal, arbitrary, violative of Articles 14 and 21 of the Constitution of India, and contrary to the procedure contemplated under the provisions of BNSS Act, consequently direct the 4th respondent to register the petitioner's complaint dated 30-06-2025as an FIR, and investigate the matter in accordance with law, and to pass…” 2. Heard Sri M.Ravikanth Reddy, learned counsel for the petitioner, and Sri V. Farooq, learned Government Pleader for Home appearing for the respondents. 3. The case of the petitioner is that she purchased the subject property through auction proceedings conducted by respondent No.5 – Aptus Value Housing Finance Limited, Ongole under the SARFAESI Act, having paid an amount of Rs.10,00,000/- and she was in peaceful possession through a sale certificate dated 15.02.2025. Subsequent thereto, respondent No.6 along with others, forcibly trespassed into the property, broke open the lock, threatened her with sickles and prevented her from re-entering, thereby committing cognizable offences. The learned counsel for the petitioner further submits that, she lodged a written complaint on 30.06.2025 before respondent No.2, which was endorsed to respondent No.4 for necessary action, but till date, no FIR has been registered and thus the petitioner prays for a direction to register the complaint as FIR and investigate the matter. 4. On the other hand, learned Government Pleader for Home, on written instructions, submits that on enquiry it was found that there is a civil dispute between the petitioner and respondent No.6 regarding possession of the subject property. It is further submitted that the allegation of trespass and threat is false and that the petitioner was advised to approach the civil Court and hence the writ petition is liable to be dismissed. 5. Learned counsel for the petitioner, however, submits that recording the statement of the respondents, the writ petition may be disposed of by granting liberty to the petitioner to work out her remedies before the appropriate forum. 6. Having regard to the submissions made, this Court is of the opinion that dispute between the parties is purely civil in nature, it would be appropriate for the petitioner to work out his remedies before the appropriate civil forum. However, it is made clear that in the event of any cognizable offence being disclosed against the petitioner or any other party, the police shall follow due process of law and take action in accordance with the governing rules and law. 7. Accordingly, this petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.09.2025. KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.22409 of 2025 Dated.08.09.2025 KKV