APHC010008272026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1341/2026 Between: Nukathoti Peraiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PATHI SIVA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME 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 any writ ordirection more particularly a writ in the nature of Writ of Mandamus declaring the inaction of respondents Nos.2 and 3 in not considering the complaint submitted by the petitioner dated 14.02.2025 seeking to take criminal action against the encroachers who are illegally trespassed passed into my property and threatened the petitioner with dire consequences for an extent of Ac.6.30 cents in Sy.No.391/2, Bijjamvaripalle village Bommireddypalli Grama Panchayat, Kanigiri Mandal, Prakasam District which is illegal, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of the India and consequently direct the 2 respondents to consider the complaint dated 14.02.2025 and to pass such other orders….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 3. The learned counsel for the petitioner submits that the complaint dated 14.02.2025 was not registered as a case by respondent No.4. 4. Sri Ajay Babu, learned Assistant Government Pleader for Home, on instructions, submits that respondent No.4 has considered the representation and, upon preliminary verification, noticed that the complaint discloses a dispute of a civil nature. Therefore, it was not registered as an FIR. He further submits that the petitioner has an alternative, effective, and efficacious remedy before the learned jurisdictional Magistrate if the complaint, disclosing the commission of a cognizable offence, is not registered as an FIR by respondent No.4. 5. Considering the facts and circumstances of the case, the writ petition is disposed of, granting liberty to the petitioner to approach the jurisdictional Magistrate by filing a complaint under Section 190 read with Section 200 of the Code of Criminal Procedure, 1973 / Section 210 read with Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “the BNSS”). There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________ Dr.Y. LAKSHMANA RAO, J. Date: 27.01.2026 KMS 3 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.1341 of 2026 Date: 27.01.2026 KMS 182