APHC010439412018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 20501/2018 Between: 1. K.SUBRAMANYAM REDDY, S/O LATE K. SUBBA REDDY, AGED ABOUT 82 YEARS, OCC. RETIRED EMPLOYEE, R/AT D.NO.5/19, GAJULAMANDYAM VILLAGE, RENIGUNTA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH REP BY ITS SECRETARY, (HOME), SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, TIRUPATI URBAN POLICE DISTRICT, TIRUAPTI. CHITTOOR DISTRICT. 3. THE SUB INSPECTOR GAJULAMANDYAM POLICE STATION, CHITTOOR DISTRICT. 4. THE STATION HOUSE OFFICER GAJULAMANDYAM POLICE STATION, CHITTOOR DISTRICT. 5. K SUDHAKAR REDDY, S/O LATE VENKATA SUBBA REDDY, AGED ABOUT 65 YEARS, GAJULAMANDYAM VILLAGE AND POST, RENIGUNTA MANDAL, CHITTOOR DISTRICT. 6. SMT K SUJATHAMMA, W/O K. SUCTHAKAR REDDY, AGED ABOUT 55 YEARS, GAJULAMANDYAM VILLAGE AND POST, RENIGUNTA MANDAL, CHITTOOR DISTRICT. 2 ...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 order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent Nos. 2 to 4 in not registering FIR and not investigating the matter basing on the Complaint dated 14.05.2018 as illegal, arbitrary, against the principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No. 2 to 4 to register the FIR and investigate into the matter and to pass IA NO: 1 OF 2018 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 direct the Respondent No. 4 to register the FIR and investigate into the matter basing on the compliant dated 14.05.2018 pending disposal of the main writ petition, in the interest of justice. IA NO: 2 OF 2018 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 direct the Respondents to give police aid to the petitioner to construct compound wall as per the decree pending disposal of the main writ petition, in the interest of justice. Counsel for the Petitioner: 1. O UDAYA KUMAR Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.20501 OF 2018 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: “……..issue order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent Nos.2 to 4 in not registering FIR and not investigating the matter basing on the Complaint dated 14.05.2018 as illegal, arbitrary, against the principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No.2 to 4 to register the FIR and investigate into the matter and to pass..…” 2. Heard Sri O.Uday Kumar, learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 3. The grievance of the petitioner is that police did not register F.I.R, even though he gave a complaint on 14.05.2018. 4. Learned Assistant Government Pleader, on written instructions, submits that police conducted enquiry and their enquiry reveal that the dispute is civil in nature and therefore, there is no offence made out in the case. 5. In the light of submissions made by learned Assistant Government Pleader, the petitioner is at liberty to approach the Magistrate for necessary redressal in accordance with law in the light of judgment of Hon’ble Apex 4 Court in the case of M.Subramaniam and Another, Appellants Vs. S.Janaki and Another, Respondents 1 and also in the case of P.R.Muralidharan and Others, Appellants v. Swami Dharmananda Theertha Padar and Others, Respondents2 6. Considering the above facts and circumstances, this Court is of the considered opinion that nothing remains for adjudication in the writ petition, and it can be closed at the stage of admission, without going into merits of the case, giving liberty to the petitioner to approach jurisdictional Magistrate for necessary redressal in accordance with law, in the light of the above referred Judgments. 7. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 16.09.2025 MP 1 (2020 SCC Online SC 341) 2 2006 SCC Online SC 296 5 85 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No:20501 OF 2018 Date: 16.09.2025 MP