1 APHC010395562014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3207] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 32774/2014 Between: 1. H. GOPALAPPA,, S / O. BABAIAH,- AGED ABOUT 55 YEARS, OCC. AGRICULTURE, R/O. NAGALURU VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY ( HOME DEPARTMENT), SECRETRIAT, HYDERABAD. 2. THE SUPERINTENDENT OF POLICE ANANTAPUR, ANANTAPUR DISTRICT. 3. THE STATION HOUSE OFFICER, HINDUPURAM I TOWN POLICE STATION, ANANTAPUR DISTRICT. 4. LINGAM SREE RAMULU, S/O. LINAGAM MUNISWAMY, AGED ABOUT 55 YEARS, OCC.BUSINESS, R/ O. NEAR BALAYOUGI TEMPLE, MUDDIREDDI PALLI, HINDUPUR, ANANTAPUR 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 writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd Respondent in not registering the FIR inspite of the written complaint dated 10-08-2014 lodged by the petitioner so far inspite of several requests and representations of the petitioner is illegal, arbitrary, improper, and unconstitutional and against the 2 procedure contemplated under the code of criminal procedure and consequently direct the respondents 2 & 3 to Register the FIR against the 4th Respondent basing on the written complaint dated 10-08-2014 lodged by the petitioner and take action as per the procedure and to file final report forthwith as per the procedure contemplated under the code of criminal procedure and pass such other order or further orders, as this Hon'ble court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2014(WPMP 40981 OF 2014 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 to direct the 3rd Respondent to take action on the written complaint dated 10- 082014 lodged by the petitioner for registration of FIR against the 4th Respondent forthwith pending disposal of the writ petition before this Hon'ble Court and to pass such other order or orders, as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. MD SALEEM Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. INENI VENKATA PRASAD The Court made the following: 3 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.32774 OF 2014 O R D E R:- This Writ Petition has been filed seeking to issue a Writ of Mandamus declaring the action of 3rd respondent in not registering the F.I.R inspite of written complaint, dated 10.08.2014 lodged by the petitioner and inspite of several requests and representations of the petitioner as illegal, arbitrary and consequently direct Respondent Nos.2 and 3 to register the F.I.R against the 4th respondent basing on the written complaint, dated 10.08.2014 lodged by the petitioner and to take action as per the procedure and to file final report forthwith as per the procedure contemplated under the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C’). 2. The learned counsel for the petitioner could not submit the present status. 3. Learned Assistant Government Pleader for Home appearing for Respondent Nos.1 to 3 on written instructions, dated 25.11.2014 of the Sub-Inspector of Police, Hindupuram I Town Police Station, Ananthapuram District would submit that the petitioner filed the present Writ Petition with regard to the land to an extent of 0.63 cents in Sy.No.354-2 of Kotnur Village Polam, Hindupur, Ananthapur District stating that it was trespassed by the 4th respondent. He further submits that as of now the respondent police did not 4 receive any complaint about the said land and as the said issue belongs to the civil in nature, the respondent police are no way concerned with the civil dispute. 4. It is an admitted fact that the petitioner lodged a complaint against the 4th respondent to the 3rd respondent on 10.08.2014 by Registered Post and the same was received by the respondent authorities. A copy of the postal acknowledgment card is also available on record. After receipt of the said complaint if the concerned police failed to register an F.I.R, the petitioner has a legal remedy to approach the concerned Judicial Magistrate by filing appropriate petition under Section 200 of the Cr.P.C. Without availing the said remedy, the petitioner has directly approached this Court under Article 226 of the Constitution of India, which is not permissible. Moreover, upon consideration of the submissions made by the learned Assistant Government Pleader, it appears that the issue involved in the present Writ Petition is ‘civil in nature’. In view of the same, this Court is not satisfied with the contentions raised by the learned counsel for the petitioner. 5. Accordingly, this Writ Petition is dismissed. However, it is made clear that if the petitioner has any further grievance, it is open to him to approach the appropriate Court of law by following the due process of law. 6. There shall be no order as to costs. 5 7. Miscellaneous petitions pending, if any, in this case shall stand closed. __________________________ JUSTICE BATTU DEVANAND Date : 26.09.2025 TM 6 THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.32774 OF 2014 Date : 26.09.2025 tm 7