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2025 DAILYLAW 42295 (AP)

Mahaboob Valli v. The State of Andhra Pradesh,

WP/31674/2025 · 2025-11-19

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010602682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 31671/2025 Between: 1. CHINDIRI ASHOK KUMAR, S/O. LATE CHAKRADARA RAO AGED 37 YEARS, OCC SOFTWARE EMPLOYEE, R/O. FLAT.NO. E-26, NSK BLISS MEADOWS, MADINAGUDA, HYDERABAD, TELANGANA. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT AT SRIKAKULAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, SRIKAKULAM, SRIKAKULAM DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, PATHAPATNAM POLICE STATION, PATHAPATNAM, SRIKAKULAM DISTRICT. 5. THE STATION HOUSE OFFICER, PATHAPATNAM POLICE STATION, PATHAPATNAM, SRIKAKULAM DISTRICT. 6. THE DISTRICT COLLECTOR AND EXECUTIVE MAGISTRATE, SRIKAKULAM DISTRICT AT SRIKAKULAM. 7. THE REVENUE DIVISIONAL OFFICERCUMSUB DIVISIONAL MAGISTRATE, TEKKALI REVENUE DIVISION SRIKAKULAM DISTRICT. 8. THE TAHSILDARCUMMANDAL EXECUTIVE MAGISTRATE, PATHAPATNAM MANDAL, PATHAPATNAM, SRIKAKULAM DISTRICT. 9. SASANAPURI ASHOK, S/O MAHESWAR, R/O. SRINIVASA MEDICALS, MAIN ROAD, PATHAPATNAM TOWN AND MANDAL, SRIKAKULAM DISTRICT. 10. MURRI RAMA KRISHNA, S/O. GANAPATHY, R/O. 3/28, MURRIVEEDI, KORASAVADA VILLAGE, PATHAPATNAM MANDAL, SRIKAKULAM DISTRICT. 11. MADDU PARVATHEESAM, S/O. THATAYYA, R/O. 8-200-3, REDDIKA VEEDHI, KORASAVADA VILLAGE, PATHAPATNAM MANDAL, SRIKAKULAM DISTRICT. 12. POLI NAIDU MODALAVASA, S/O. NAIDU, R/O. NEAR ST.ANNS CONVENT SCHOOL, PATHAPATNAM TOWN AND MANDAL, SRIKAKULAM DISTRICT. 13. GUNTA RAJESH, S/O. BABU RAO, R/O. 2-2, MAIN STREET, SHYAMASUNDARAPURAM VILLAGE, SEETHAPURAM POST, 2 TEKKALI MANDAL, SRIKAKULAM DISTRICT. 14. GUNTA VENKATA RATHNAM, S/O. BABU RAO, R/O. 2-2, MAIN STREET, SHYAMASUNDARAPURAM VILLAGE, SEETHAPURAM POST, TEKKALI MANDAL, SRIKAKULAM DISTRICT. 15. BATTULA RAMA RAO, S/O. NOT KNOWN, R/O. MAIN ROAD, NEAR COURT COMPLEX PATHAPATNAM TOWN AND MANDAL, SRIKAKULAM DISTRICT. 16. GARIKA LAKSHMAN, S/O. NOT KNOWN, R/O. 13-6-421/A/51, KANAKADURGA COLONY, KARWAN, GOLCONDA, HYDERABAD, TELANGANA STATE. 17. BOTCHU BUJJI, S/O. NOT KNOWN, R/O. VEGITABLE MARKET, MAIN ROAD, PATHAPATNAM TOWN AND MANDAL, SRIKAKULAM DISTRICT. 18. KURMAPU RAMARAO, S/O. NOT KNOWN, R/O. NEAR NAVAYUGA HOSTEL, PATHAPATNAM TOWN AND MANDAL, SRIKAKULAM DISTRICT. 19. SIRLA PRABHAKAR, S/O. NOT KNOWN R/O. DIGUVA KANDRA VEEDHI, PATHAPATNAM TOWN AND MANDAL, SRIKAKULAM DISTRICT. 20. BATTALA SUNEETHA, W/O. NOT KNOWN, R/O MAIN ROAD, NEAR COURT COMPLEX, PATHAPATNAM TOWN AND MANDAL, SRIKAKULAM DISTRICT. 21. RUDRAPANKTHI NEELAKANTESWARARAO, C/O VIJAYA MEDICAL PHARMACY, NEAR NEW SBI MAIN ROAD, PATHAPATNAM TOWN AND MANDAL, SRIKAKULAM DISTRICT. 22. BOTCHU BASAVARAJU, S/O BUJJI, R/O. VEGITABLE MARKET, MAIN ROAD PATHAPATNAM TOWN AND MANDAL, SRIKAKULAM DISTRICT. 23. BORA VENKATAPRASAD, C/O BVS KITCHEN FAMILY RESTAURANT, OPP PETROL PUMP, BOORGAM, PATHAPATNAM MANDAL, SRIKAKULAM DISTRICT. 24. BORA VENKATRAO, C/O BVS KITCHEN FAMILY RESTAURANT, OPP PETROL PUMP, BOORGAM, PATHAPATNAM MANDAL, SRIKAKULAM DISTRICT. 25. BORA PRASAD, C/O BVS KITCHEN FAMILY RESTAURANT, OPP PETROL PUMP, BOORGAM, PATHAPATNAM MANDAL, SRIKAKULAM DISTRICT. 26. BASAVALA RAVI, S/O NOT KNOWN R/O GOPALAPURAM, PATHAPATNAM MANDAL SRIKAKULAM 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 1 to 8 on my representation dated 01.08.2025, submitted for initiating proceedings under Section 126 of The Bharatiya Nagarik Suraksha Sanhita, 2023 against the respondents 9 to 26 and bind over them to maintain peace and public tranquillity, without committing any wrongful acts, at my landed property 3 admeasuring Ac. 0.13 Cents in S.No.99-1, Ac.0.24 Cents in S.No.99-2, Ac. 0.16 Cents in S.No.99-4, Ac. 0.10 Cents in S.No.99-8, Ac.0.20 Cents in S.No.99-5, Ac. 0.20 Cents in S.No.99-6, Ac.0.15 Cents in S.No.99-9, situated in Booragam Revenue Village of Pathapatnam Mandal in Srikakulam 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 3 to 7 to initiate proceedings under Chapter-Chapter IX, Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 against respondents 9 to 26 and their henchmen and pass Counsel for the Petitioner: 1. THARIGOPULA SURYA CHAITANYA Counsel for the Respondent(S): 1. GP FOR HOME 4 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India, has been filed, by the Petitioner for the following relief: “ ...... 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 1 to 8 on my representation dated 01.08.2025, submitted for initiating proceedings under Section 126 of The Bharatiya Nagarik Suraksha Sanhita, 2023 against the respondents 9 to 26 and bind over them to maintain peace and public tranquillity, without committing any wrongful acts, at my landed property admeasuring Ac. 0.13 Cents in S.No.99-1, Ac.0.24 Cents in S.No.99-2, Ac. 0.16 Cents in S.No.99-4, Ac. 0.10 Cents in S.No.99-8, Ac.0.20 Cents in S.No.99-5, Ac. 0.20 Cents in S.No.99-6, Ac.0.15 Cents in S.No.99-9, situated in Booragam Revenue Village of Pathapatnam Mandal in Srikakulam 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 3 to 7 to initiate proceedings under Chapter-Chapter IX, Section 126 of Bharatiya Nagarik Suraksha Sanhita, 2023 against respondents 9 to 26 and their henchmen and pass ...” Heard learned counsel for the Petitioner and Learned Assistant Government Pleader for Home representing for respondent State. Perused the material on record. Learned Assistant Government Pleader placed on record, the written instructions and would submit that respondent Police enquired into the representation of the Petitioner, it revealed that the matter is purely civil in nature, respondent Police call both parties and advised them to pursue their remedy before appropriate forum and requested to dispose of the Writ Petition by passing appropriate orders. Learned counsel for the Petitioner would submit that recording the said submission, this Writ Petition may be disposed of. 5 In that view, this Writ Petition is disposed of. Petitioner is at liberty to work out the remedy before appropriate forum according to law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* Dinesh