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2025 DAILYLAW 56522 (AP)

JILUMUDI MALLA REDDY v. THE STATE OF AP

WP/8236/2025 · 2025-11-04

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010150302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 8236/2025 Between: 1. JILUMUDI MALLA REDDY, S/O MALAKONDA REDDY, OCC CULTIVATION, AGED 70 YEARS, R/O. BRAHMANAKRAKA VILLAGE JALADANKI MANDAL, SPSR NELLORE DISTRICT. 2. MOGALLAPU BINDU SRI,, W/O. MUKTINATH, AGED 42 YEARS, OCC PRIVATE SERVICE, R/O 74-14-46-1, SARDARPATEL ROAD KRISHNA NAGAR, VIJAYAWADA, KRISHNA DISTRICT. 3. KATA RAMACHANDRA REDDY,, S/O. DHARSHADA RAMIREDDY, AGED 70 YEARS, R/O. 27/2/1298, STEEL FACTORY ROAD, BALAJI NAGAR, NELLORE, SPSR NELLORE DISTRICT. REP. BY ITS GPA HOLDER JILUMUDI MALLA REDDY, S/O MALAKONDA REDDY, OCC CULTIVATION, AGED 70 YEARS, R/O. BRAHMANAKRAKA VILLAGE, JALADANKI MANDAL, SPSR NELLORE DISTRICT. 4. V. RAMACHANDRA REDDY,, S/O RAMI REDDY, AGED 43 YEARS, R/O D. NO. 3-7-389, TATI ANNARAM, LB NAGAR, RANGA REDDY DISTRICT, TELANGANA. REP. BY ITS GPA HOLDER JILUMUDI MALLA REDDY, S/O MALAKONDA REDDY, OCC CULTIVATION, AGED 70 YEARS R/O. BRAHMANAKRAKA VILLAGE, JALADANKI MANDAL, SPSR NELLORE DISTRICT. 5. MUTHYALA VANI SREE,, W/O SATYANARAYANA, AGED 50 YEARS, R/O 2-62-1, F-4, PEDDIREDDY VARIVEDI, SHANTINAGAR, KAKINADA CITY, EAST GODAVARI DISTRICT, ANDHRA PRADESH. REP. BY ITS GPA HOLDER MOGALLAPU BINDU SRI W/O. MUKTINATH, AGED 42 YEARS, OCC PRIVATE SERVICE, R/O 74-14-46-1, SARDARPATEL ROAD, KRISHNA NAGAR, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, SPSR NELLORE DISTRICT AT NELLORE. 2 3. THE INSPECTOR OF POLICE, KALIGIRI CIRCLE, KALIGIRI SPSR NELLORE DISTRICT. 4. THE STATION HOUSE OFFICER, JALADANKI POLICE STATION, JALADANKI, SPSR NELLORE DISTRICT. 5. THE DISTRICT COLLECTOR AND MAGISTRATE, SPSR NELLORE DISTRICT, NELLORE. 6. THE SUBDIVISIONAL MAGISTRATECUMSUBCOLLECTOR, KAVALI, SPSR NELLORE DISTRICT. 7. THE MANDAL EXECUTIVE MAGISTRATECUMTAHSILDAR, JALADANKI MANDAL, JALADANKI, SPSR NELLORE DISTRICT. 8. MEDARAMETLA VENKATA SESHA REDDY, S/O. AYYAPA REDDY, R/O BRAHMANAKRAKA VILLAGE, JALADANKI MANDAL, SPSR NELLORE DISTRICT. 9. MEDARAMETLA PRASHANTHI KUMARI, W/O. VENKATA SESHA REDDY, R/O BRAHMANAKRAKA VILLAGE, JALADANKI MANDAL, SPSR NELLORE DISTRICT. 10. JILUMUDI VINAY KUMAR REDDY, S/O. KRISHNA REDDY, R/O BRAHMANAKRAKA VILLAGE, JALADANKI MANDAL, SPSR NELLORE DISTRICT. 11. KALAVAKURI RAMESH REDDY, S/O. RAMANA REDDY R/O GUDLADONA VILLAGE, KALIGIRI MANDAL, SPSR NELLORE DISTRICT. 12. JILUMUDI VENUGOPALA REDDY, S/O KRISHNA REDDY R/O. BRAHMANAKRAKA VILLAGE, JALADANKI MANDAL, SPSR NELLORE DISTRICT. 13. JILUMUDI KRISHNA REDDY, S/O. MALAKONDA REDDY R/O. BRAHMANAKRAKA VILLAGE, JALADANKI MANDAL, SPSR NELLORE 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 on petitioners representation dt. 07.02.2025, submitted for initiating proceedings under Section 126 of Chapter IX of Bharatiya Nagarik Suraksha Sanhita, 2023 against the respondents 8 to 13 and their followers, for causing breach of peace and disturbance to public tranquility at their respective landed properties in an extent of Ac 39.95 cents in Survey Nos. 292, 294, 295, 564, 566, 567/1, 567/2, 568/1/4, 568/2, 573/1, 573/2, 574-2/A, 574-2B/1, 577, 579-1/e and 598 of Brahmanakraka Village, Jaladanki Mandal, SPSR Nellore District., as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on respondents 1 to 7 under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of Constitution of 3 India and consequently direct the respondents 2 to 7, particularly respondents 3 to 6 to initiate proceedings under Section 126 of Chapter IX of Bharatiya Nagarik Suraksha Sanhita, 2023 against respondents 8 to 13 and their henchmen 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 to direct the respondents 1 to 7, particularly respondents 4 and 5 to consider and initiate necessary action on petitioners 126 of Chapter IX of Bharatiya Nagarik Suraksha Sanhita, 2023 against the respondents 8 to 13 and their followers for causing breach of peace and disturbance to public tranquillity at their respective landed properties in an extent of Ac 39.95 cents in Survey Nos. 292, 294, 295, 564, 566, 567/1, 567/2, 568/1/4, 568/2, 573/1, 573/2, 574-2/A, 574-2B/1, 577, 579-1/e and 598 of Brahmanakraka Village, Jaladanki Mandal, SPSR Nellore District, pending disposal of the main Writ Petition and pass representation dt. 07.02.2025 submitted for initiating proceedings under Section Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. M RAVINDRA 4 The Court made the following: ORDER: This Writ Petition under Article 226 of the Constitution of India is filed by the Petitioners, seeking 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 on petitioners representation dt. 07.02.2025, submitted for initiating proceedings under Section 126 of Chapter IX of Bharatiya Nagarik Suraksha Sanhita, 2023 against the respondents 8 to 13 and their followers, for causing breach of peace and disturbance to public tranquility at their respective landed properties in an extent of Ac 39.95 cents in Survey Nos. 292, 294, 295, 564, 566, 567/1, 567/2, 568/1/4, 568/2, 573/1, 573/2, 574-2/A, 574-2B/1, 577, 579-1/e and 598 of Brahmanakraka Village, Jaladanki Mandal, SPSR Nellore District., as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on respondents 1 to 7 under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 7, particularly respondents 3 to 6 to initiate proceedings under Section 126 of Chapter IX of Bharatiya Nagarik Suraksha Sanhita, 2023 against respondents 8 to 13 and their henchmen and pass ...” Heard Ms.Nimmagadda Revathi, learned counsel for the Petitioners and learned Assistant Government Pleader for Home appearing for respondent State. Perused the material on record. At the time of hearing, learned counsel for the Petitioners requested for a direction to respondent Police to consider the Petitioners’ representation dated 07.02.2025 and take appropriate steps on the subject matter and pass appropriate orders by disposing of this Writ Petition. Learned Assistant Government Pleader on instructions, would submit that respondent Police did not take any action on the Petitioner’s representation since the subject is purely civil in nature and civil suits are pending before the 5 competent Civil Court and would submit that this Court may pass appropriate orders by disposing of this Writ Petition. In that view, this Writ Petition is disposed of. Petitioners are at liberty to pursue the matter before competent Civil Court where the suit is pending, according to law. No order as to costs. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 8236 of 2025 05.11.2025 Mjl /*