APHC010441632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 23545/2025 Between: 1. NIMMA RAMANA, S/O GOVINDA, AGED 33 YEARS, OCC BUSINESS, R/O KUPPILI VILLAGE, ETCHERLA MANDAL SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, A.P SECRETARIAT,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. 2. SUPERINTENDENT OF POLICE, SRIKAKULAM, SRIKAKULAM DISTRICT. 3.. 3. STATION HOUSE OFFICER, ETCHERLA POLICE STATION, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. 4. 4. BALLADA VENKATA APPARAO REDDY, S/O KUPPAYYA REDDY, AGED ABOUT 60 YEARS, R/O KUPPILI VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT 5. BALLADA JANARDHANA REDDY, S/O KUPPAYYA REDDY, AGED ABOUT 55 YEARS, R/O KUPPILI VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. 6. 6. VAKADA BANGARI BODDAYYA, S/O KURAMAYYA, AGED ABOUT 62 YEARS R/O KUPPILI VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. 7. 7. VAKADA ADINARAYANA, S/O KURAMAYYA, AGED ABOUT 62 YEARS, R/O KUPPILI VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. 8. 8. BUSA VENKATA RAO, S/O AGIRAYYA, S/O KURAMAYYA, AGED ABOUT 50 YEARS, R/O KUPPILI VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. SRINIVAS AMBATI 2 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 respondents 2 and 3 in not registering the crime on petitioners complaint dated 15 05 2024 on the file of 3rd respondent as being illegal irregular and amounts to non-discharge of legal obligation conferred on the respondents under the provisions of the Bharatiya Nagarik Suraksha Sanhita 1973 as illegal irregular irrational amounts to non discharge of legal obligation conferred on them under the provisions of Bharatiya Nagarik Suraksha Sanhita and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 and 3 to register the crime and prosecute the accused persons for appropriate offences and penal provisions of law.” 2. Sri Md.Farooq, learned Assistant Government Pleader for Home, on written instructions, would submit that the disputes between the parties are purely civil in nature. 3. For ready reference, the written instructions are extracted hereunder: “It is further submitted that the so-called complaint sent by registered post itself does not automatically create a legal obligation to register a case without verification of facts. The allegations being civil in nature arising out of land encroachment and possession disputes, the police are not obliged to register an FIR without prima facie criminal evidence.” 4. In that view, the Writ Petition 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 costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:08.09.2025 ASR 3 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.23545 of 2025 Dt.08.09.2025 Asr