1 APHC010452612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24317 OF 2025 Between: 1. G. GUNAKALA SAI NARAYANA, S/o Yedukondalu, Resident of Vishna Kireeti Apartments, Door No. 29-05-12, Gollapalem Visakhapatnam. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Home Department, Velagapudi, Guntur District. 2. The Visakhapatnam City Police Commissioners office, Suryabagh, Visakhapatnam, Andhra Pradesh - 530020. 3. The Station House Officer, III town Police Station, Visakhapatnam City. ...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 pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of respondents more particularly Respondent No. 3 in not taking action against my complaint Dated 05.08.2025(Physical copy) and 22.08.2025(through registered post) to the 3rd Respondent for the criminal trespass and damaging of the property with regarding to the food 2 business FOODIE MAMA and CHITTI NADU KODI PALOV For illegal seizing of the said business by the parent in laws of the business partner Narendra Reddy by taking the law into their hands unlawfully which is highly illegal, arbitrary and violation of Article 14, 21 and 300A of the Constitution of India and consequently direct the 3rd respondent to provide police protection to the petitioner by taking stringent action against them for their criminal attitude and behaviour and pass IA NO: 1 OF 2025 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 pleased to direct the 3rd Respondent to consider my complaint dated 05.08.2025 and 22.08.2025 for taking action against criminal trespassers for their unlawful activities and damaging the property and to protect the petitioner from their hands by taking appropriate action, and pass Counsel for the Petitioner: ELURU SESHA MAHESH BABU Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24317 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of respondents more particularly Respondent No. 3 in not taking action against my complaint Dated 05.08.2025(Physical copy) and 22.08.2025(through registered post) to the 3rd Respondent for the criminal trespass and damaging of the property with regarding to the food business FOODIE MAMA and CHITTI NADU KODI PALOV For illegal seizing of the said business by the parent in laws of the business partner Narendra Reddy by taking the law into their hands unlawfully which is highly illegal, arbitrary and violation of Article 14, 21 and 300A of the Constitution of India and consequently direct the 3rd respondent to provide police protection to the petitioner by taking stringent action against them for their criminal attitude and behaviour and pass...” 02. Heard Sri Eluru Sesha Mahesh, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner would submit that police are not taking any action against the complaint Dated 05.08.2025 (Physical copy) and 22.08.2025(through registered post) given by the petitioner. 4. Learned Assistant Government Pleader, on instructions, submits that enquiry was conducted, and it was found that the dispute between the parties is civil in nature. Hence, FIR was not registered. 5. Having regard to the submissions, this Court finds that the dispute is essentially civil in nature. Accordingly, this Writ Petition is disposed of, 4 granting liberty to the petitioner to avail remedies before the competent Court. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 12.09.2025. KKV 5 539 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24317 OF 2025 12.09.2025 KKV