APHC010172192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 9949/2026 Between: 1. KASULA CHINNA SUBBAIAH, S/O. KATAIAH, AGED ABOUT 68 YEARS, R/O. S.C.COLONY, PUTTAYIPALLI VILLAGE, BADVEL MANDAL, YSR KADAPA DISTRICT. 2. KASULA NADIPI SUBBAIAH,, S/O. KATAIAH, AGED ABOUT 70 YEARS, R/O S.C.COLONY, PUTTAYIPALLI VILLAGE, BADVEL MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.522238 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA.516001 3. THE SUPERINTENDENT OF POLICE, YSR KADAPA DISTRICT, KADAPA.516001 4. THE TAHSILDAR, BADVEL MANDAL, YSR KADAPA DISTRICT.516001 5. YELAGALA NARASIMHUIU, S/O. Y. NARASAIAH AGED ABOUT 56 YEARS, R/O. D.NO. 6-7-146/1, VIDYA NAGAR, BADVEL, BADVEL MANDAL, YSR KADAPA DISTRICT. 51600 6. YANAMALA RAJAMMA, W/O. VENKATESWARLU AGED ABOUT 39 2 Dr.YLR, J W.P.No.9949 of 2026 Dated 01.05.2026 YEARS, R/O. D.NO. 2/104, BRAHMANAPALLE, GOPAVARAM MANADAL, YSR KADAPA DISTRICT 516001 ...RESPONDENT(S): Counsel for the Petitioner(S): 1. M SIVA KUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief :- “…to issue a Writ, Order or Direction, more particularly one In the nature of Writ of Mandamus, declaring the action of Respondents 2 and 3 in not considering the representations submitted by the petitioners which were 18-12-2025 and in not taking necessary action against Respondents 5 and 6 despite the permanent injunction decree passed in O.S.No.69 of 2025, dated.7-8-2025 by the Principal Civil Judge (Junior Division), Badvel, as illegal, arbitrary and unconstitutional and consequently direct Respondents 2 to 4 acknowledged on (i) to consider the representations of the petitioners (ii) to provide necessary police protection to safeguard the peaceful possession and enjoyment of the petitioners over their property namely, Ac.0.03 cents In Plot No.22 and Ac.0.03 cents in Plot No.23 situated in Sy.No.1783/3 of Chennampaili Village fields, Badvel Mandal, YSR Kadapa District, (iii) to register an FIR against the Respondents 5 and 6 and take necessary action against them strictly in accordance with law (iv) and pass such order(s).” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home. 3. Sri M. Siva Kumar, learned Counsel for the Petitioners, submits that respondent Nos. 2 and 3 have not considered the representation of the 3 Dr.YLR, J W.P.No.9949 of 2026 Dated 01.05.2026 Petitioners, which was acknowledged on 18.12.2025, and have not taken any action against Respondent Nos. 5 and 6. 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that the police have conducted a preliminary inquiry and have found that the complaint of the Petitioners is civil in nature. 5. Be that as it may, since the complaint of the Petitioners was not considered by the Respondent police, the Petitioners have an alternative efficacious remedy under Section 190 read with Section 200 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C’) or under Section 210 read with Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’). 6. Considering the facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, granting liberty to the Petitioners to approach the learned jurisdictional Magistrate by way of filing a private complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’ or under Section 210 read with Section 223 of ‘the BNSS.’ 7. Upon such private complaint being filed by the Petitioners before the learned jurisdictional Magistrate, the learned Magistrate shall bestow due attention to the same and deal with the complaint in accordance with law. 8. In the result, the Writ Petition is disposed of. There shall be no order as to costs. 4 Dr.YLR, J W.P.No.9949 of 2026 Dated 01.05.2026 As a sequel, miscellaneous petitions, if any pending shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 01.05.2026 KMS 5 Dr.YLR, J W.P.No.9949 of 2026 Dated 01.05.2026 93 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Writ PETITION No.9949 of 2026 Date: 01.05.2026 KMS