APHC010489202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 1024 of 2025 Bench Sr.No:-1 [3483] Narlapati Ramarao and others ...Appellants Vs. Boddapati Veeraiah and others ...Respondents ********** Advocate for appellants : Sri M. R. K. Chakravarthy Advocate for respondents : Sri Pala Karthi Kiran, learned Government Pleader for Home, learned Government Pleader for Revenue. CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 14th October 2025 P C : The present Writ Appeal has been preferred against the judgment and order dated 25.06.2025 in Writ Petition No.28513 of 2024. 2. The petitioners had sought a writ of mandamus to respondent Nos.1 to 8 for initiating proceedings under Chapter IX, Section 126 and Chapter XI, Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “B.N.S.S.”) against respondent Nos.9 to 15 and their associates for their repeated illegal acts of interfering with the petitioners’ right of way to their agricultural land measuring Ac.2-03 cents in Sy.No.299/2 of T. Narasapuram Revenue Village, T. Narasapuram Mandal, Eluru District. 2 3. The writ petition came to be disposed of by virtue of the judgment and order impugned with a direction to respondent No.5 i.e., the Station House Officer, T. Narasapuram Police Station, T. Narasapuram Mandal, Eluru District to consider the representation so filed by the petitioners. 4. Learned counsel for the appellants - Mr. M. R. K. Chakravarthy would submit that the direction is unsustainable on two grounds. Firstly, that respondent No.5 did not have any jurisdiction to consider the representation, which was to be considered by a Magistrate in terms of Sections 126 and 152 of the B.N.S.S., and secondly, that no opportunity of being heard was granted to respondent Nos.9 to 15 in the matter. 5. Be that as it may, since the very issue of jurisdiction has arisen in the present case as to whether respondent No.5 would at all have considered the representation or was it only a Magistrate in terms of the aforementioned provisions, we deem it appropriate to set aside the order and remand the matter for consideration afresh by the learned single Judge. 6. Registry is directed to list W.P.No.28513 of 2024 on 27.10.2025 before the appropriate Bench having the roster. 7. Accordingly, the Writ Appeal is allowed. No costs. 3 Pending miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ RAVI CHEEMALAPATI, J AMD 4 08 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 1024 of 2025 Dt:14.10.2025 AMD