APHC010545162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) safe WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28513 OF 2024 Between; 1. Boddapatiyeeraiah, S/o. Late Pullaiah, Aged 65 years, Occ: Cultivation, R/o.p.No.7-190, Turpugudem,T.NarasapuramTown T.Narasapuram Mandal, Eluru District. Erstwhile West Godavari District. Aged 40 years, Occ; Cultivation, R/o D.No.7-190, Turpugudem, T.Narasapuram Town Eluru District, Erstwhile West Godavari District. Aged 30 years, Occ; Cultivation, R/o. Eliini Dktrirt Town, T.Narasapuram Mandal Eluru District Erstwhile West Godavari District. AND Hnm^^n^ Of Andhra Pradesh, rep. by is Principal Secretary to Government Home Department, Secretariat, Velagapudi, Amaravati, Guntur District 2. The Superintendent of Police, Eluru District at Eluru, Erstwhile West Godavari District. WesfcoS District Erstwhile 4. The Inspector of Police, Jeelugumilli Eluru District, Erstwhile West Godavari District. 5. The Station House Officer, T.Narasapuram Police Station Mandal, Eluru District Erstwhile West Godavari i 6. District Collector and Magistrate, Eluru District at Godavari District. 7. The Sub Divisional Magistrate cum Revenue Divisional Officer Jangareddygudem, Eluru District. ^ Dislricf"'^^' Magistrate cum Tahsildar, T.Narasapuram, Eluru T.Narasapuram Mandal, ...Petitioners T.Narasapuram District. ; Eluru, Erstwhile West ■ S/o. Venkaiah aged 65 years, R/o. Padamati Gudem Village, T.Narasapuram Mandal, Eluru District District. Erstwhile West Godavari 19- Venkata Durga Rao, S/o. Rama Rao, aged 45 years, R/o. Padamati Gudem Village T. Narasapuram Mandal Eluru District . ErstwNIe West Godavari District. ^ ^ Sekhar, S/o. Mutyala Rao aged 40 years, R/o. Padamati Gudem Village, T.Narasapuram Mandala, Eluru District Erstwhile West Godavari District. 12. Narlapati Ranga, S/o.Ramulu, aged 45 years R/o. Padamati Gudem Village, T.Narasapuram Mandal, Eluru District, Erstwhile West Godavari District. 13. Narlapati Venkat Rao, S/o. Tirupataiah aged 55 years, R/o. Padamati Gudem Village T.Narasapuram Mandalam, Eluru District Erstwhile West Godavari District. 14. Narlapati Dhanunjay Rao, S/o. Venkatadurga Rao, aged 28 years, R/o. Padamati Gudem Village, T.Narasapuram Mandal, Eluru District Erstwhile West Godavari District. 15. Gandham Suresh, S/o. Nageswara Rao aged 30 years, R/o. Padamati Gudem Village, T.Narasapuram Mandal, Eluru District, Erstwhile West Godavari District. ...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 issue a writ, order, or direction, more particularly one in the nature of a WRIT OF MANDAMUS, declaring the inaction on the part of respondents on petitioners' representation dt. 16.09.2024, submitted for initiating proceedings under Chapter IX, Section 126, and Chapter XI, Section 152 of The Bharatiya Nagarik Suraksha Sanhita, 2023, against respondents 9 to 15 and their associates for their repeated illegal of interfering with petitioners right of way to their agricultural land measuring Ac. 2.03 cents in Survey No. 299/2 of T. Narasapuram acts Revenue Village, T. Narasapuram Mandal, Eluru District, as illegal irregular, and irrational, amounting to discharge of the legal obligation conferred on respondents 2 to 8 under the non- provisions of the The Bharatiya Nagarik Suraksha Sanhita, 2023 and offending Articles 14 and 21 of the Constitution of India direct respondents 2 to 8, particularly respondents 7 and 8, to initiate proceedings under Chapter IX, Section 126, and Chapter XI, Section 152 of as and consequently The Bharatiya Nagarik Suraksha Sanhita, 2023, against respondents 9 to 15 and their associates. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 to 8, particularly respondents 7 and 8 to consider and initiate necessary action on petitioners representation dated 16.09.2024, submitted for initiating Proceedings under Chapter IX, Section 126, and Chapter XI, Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023, against respondents 9 to 15 and their associates for their repeated illegal acts of interfering with petitioners right of way to their agricultural land measuring Ac. 2.03 cents in Survey No. 299/2 of T. Narasapuram Revenue Village, T. Narasapuram Mandal, Eluru District, pending disposal of the main Writ Petition. Counsel for the Petitioners : SRI KISHORE KUMAR KATARI Counsel for the Respondent Nos.1 to 5 : GP FOR HOME Counsel for the Respondent Nos.6 to 8 : GP FOR REVENUE Counsel for the Respondent Nos.9 to 15 : NONE APPEARED The Court made the following: ORDER \ APHC010545162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28513/2024 Between: Boddapati Veeraiah and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner(S): 1.KISHORE KUMAR KATARI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 2 The Court made the following Order: Learned counsel for the petitioners submits that the petitioner is aggrieved by the inaction of the respondents in considering the representation of the petitioners dated 16.09.2024. Learned counsel for the petitioners further submits that 2. I.A.No.349 of 2022 in O.S.No.147 of 2022 filed by the respondent No.10 against the petitioners was also dismissed and the learned Judge had observed that the petitioners did not have right to obstruct the defendant and that the petitioner has no prima facie case and balance of convenience. The right of road or pathway or easements rights would exist for the petitioner and the respondent therein. Learned Assistant Government Pleader for Home, on written 3. instructions, submits that the police have called the petitioner and the unofficial respondents and on enquiry it was found that there is a civil dispute pending between them and as such the parties were advised to redress their grievance before the competent Court. Considering the submission of learned counsel for the petitioner that the right of path way is there for the petitioner and I.A. filed by the respondent No. 10 herein was dismissed, the respondent shall consider the 4. th fresh representation submitted by the petitioner duly intimating the 5 respondent about the civil dispute and the order passed by the Court. On such receipt of representation, the same shall be considered in accordance with law per the procedure contemplated under Section Nagarik Suraksha Sanhita, 2023, (for short, "BNSS 5. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. 6. As a sequel, pending miscellaneous petitions, if as 173(3) of the Bharatiya ). any, shall stand Sd/- ^4 NAGAiV3r/iA assistant registrar closed. //TRUE COPY// SECTION OFFICER To, 2 The'^sf' SSrScf ErSe West 3. The Deputy Superintendent of Police West Godavari District. 4. The Inspector of Police, Jeelugumilli Godavari District s.' Godavari Magialraie, Elua, Disiricl at Eluro, Ersavhile Weal ' j»,lJad“'Ssssr 8. The Mandal Executive Magistrate District, a One CC to Sri Kishore Kumar Katari 10. TwoCCstoGPforHome [OUT] ^ ^ Revenue, 12. Three CD Copies Jeelugumilli, Eluru District, Erstwhile Eluru District, Erstwhile West cum Tahsildar, T.Narasapuram, Eluru Advocate [OPUC] High Court of Andhra Pradesh at Amaravati High Court of Andhra Pradesh at Amaravati Cnr HIGH COURT DATED:25/06/2025 ORDER WP 28513/2024 0 7 JUL 2U25 DISPOSING OF THE W.P. WITHOUT COSTS