APHC010545162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28513/2024 Between: 1. BODDAPATI VEERAIAH, S/O. LATE PULLAIAH, AGED 65 YEARS,.OCC. CULTIVATION, R/O. D.NO.7-190, TURPUGUDEM, T.NARASAPURAM TOWN T.NARASAPURAM MANDAL, ELURU DISTRICT. ERSTWHILE WEST GODAVARI DISTRICT. 2. BODDAPATI DURGA RAO, S/O VEERAIAH, AGED 40 YEARS, OCC. CULTIVATION, R/O. D.NO.7-190, TURPUGUDEM, T.NARASAPURAM TOWN T.NARASAPURAM MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 3. BODDAPATI PULLA RAO, S/O VEERAIAH AGED 30 YEARS, OCC. CULTIVATION, R/O. D.NO.7-190, TURPUGUDEM, T.NARASAPURAM TOWN, T.NARASAPURAM MANDAL, ELURU DISTRICT ERSTWHILE WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY IS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ELURU DISTRICT AT ELURU, ERSTWHILE WEST GODAVARI DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, JEELUGUMILLI, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 2 4. THE INSPECTOR OF POLICE, JEELUGUMILLI ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 5. THE STATION HOUSE OFFICER, T.NAFASAPURAM POLICE STATION, T.NARASAPURAM MANDAL, ELURU DISTRICT ERSTWHILE WEST GODAVARI DISTRICT. 6. DISTRICT COLLECTOR AND MAGISTRATE, ELURU DISTRICT AT ELURU, ERSTWHILE WEST GODAVARI DISTRICT. 7. THE SUBDIVISIONAL MAGISTRATECUM REVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM, ELURU DISTRICT. 8. THE MANDAL EXECUTIVE MAGISTRATECUMTAHSILDAR, T.NARASAPURAM, ELURU DISTRICT. 9. NARLAPATI RAMARAO, S/O VENKAIAH AGED 65 YEARS, R/O. PADAMATI GUDEM VILLAGE, T.NARASAPURAM MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRIC 10. NARLAPATI VENKATA DURGA RAO, S/O RAMA RAO, AGED 45 YEARS, R/O. PADAMATI GUDEM VILLAGE T. NARASAPURAM MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 11. NARLAPATI SEKHAR, S/O. MUTYALA RAO AGED 40 YEARS, R/O. PADAMATI GUDEM VILLAGE, T.NARASAPURAM MANDALA, ELURU DISTRICT ERSTWHILE WEST GODAVARI DISTRICT. 12. NARLAPATI RANGA, S/O RAMULU, AGED 45 YEARS R/O. PADAMATI GUDEM VILLAGE, T.NARASAPURAM MANDAL, ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. 13. NARLAPATI VENKAT RAO, S/O TIRUPATAIAH AGED 55 YEARS, R/O. PADAMATI GUDEM VILLAGE T.NARASAPURAM MANDALAM, ELURU DISTRICT ERSTWHILE WEST GODAVARI DISTRICT. 14. NARLAPATI DHANUNJAY RAO, S/O. VENKATADURGA RAO, AGED 28 YEARS, R/O. PADAMATI GUDEM VILLAGE, T.NARASAPURAM MANDAL, ELURU DISTRICT ERSTWHILE WEST GODAVARI DISTRICT. 15. GANDHAM SURESH, S/O. NAGESWARA RAO AGED 30 YEARS, R/O. PADAMATI GUDEM VILLAGE, T.NARASAPURAM MANDAL, 3 ELURU DISTRICT, ERSTWHILE WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. KISHORE KUMAR KATARI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28513 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…to issue a writ, order, or direction, more particularly one in the nature of a WRIT OF MANDAMUS, declaring the inaction on the part of respondents on petitioners’ representation dt. 16.09.2024, submitted for initiating proceedings under Chapter IX, Section 126, and Chapter XI, Section 152 of The Bharatiya Nagarik Suraksha Sanhita, 2023, against respondents 9 to 15 and their associates for their repeated illegal acts of interfering with petitioners right of way to their agricultural land measuring Ac. 2.03 cents in Survey No. 299/2 of T. Narasapuram Revenue Village, T. Narasapuram Mandal, Eluru District, as illegal irregular, and irrational, amounting to non-discharge of the legal obligation conferred on respondents 2 to 8 under the provisions of the The Bharatiya Nagarik Suraksha Sanhita, 2023 and as offending Articles 14 and 21 of the Constitution of India and consequently direct respondents 2 to 8, particularly respondents 7 and 8, to initiate proceedings under Chapter IX, Section 126, and Chapter XI, Section 152 of The Bharatiya Nagarik Suraksha Sanhita, 2023, against respondents 9 to 15 and their associates and pass.…” 2. Heard Sri Kishore Kumar Katari, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioners would submit that in the light of the Order passed by the Hon’ble Division Bench of this Court in W.A.No.1024 of 2025, the matter is restored to file. In fact, the petitioners requested the police authorities to bind over the unofficial respondents, since they are causing 5 trouble to the petitioners and others in the village to use the pathway. Learned counsel for the petitioners would further submit that the unofficial respondents herein filed a civil suit and sought for temporary injunction vide I.A.No.349 of 2022 in O.S.No.147 of 2022 on the file of the learned Junior Civil Judge –cum- Judicial Magistrate of First Class, Chintalapudi and the said application was dismissed on merits vacating the ad-interim injunction which was passed in favour of the unofficial respondents vide Order dated 20.05.2023. In that light, the petitioners have submitted a representation to the police to bind over the unofficial respondent for causing nuisance. 4. Learned Assistant Government Pleader for Home would submit that the Court may pass appropriate Orders. 5. Considering the submissions made, this Writ Petition is disposed of. However, the respondents are directed to look into the representation made by the petitioners and take necessary steps according to law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 27.10.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.28513 of 2024 Dated.27.10.2025 UPS 341