APHC010071512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4020/2026 Between: 1. KAMBALA SIVAIAH, S/O. LAUKA NAGESHWAR RAO AGED 38 YEARS, OCCBUSINESS, R/O. D.NO. 2-2, BODDAPADU VILLAGE, THOTAVALLURU MANDAL, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237. 2. 2. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT AT VIJAYAWADA - 520002. 3. THE DEPUTY SUPERINTENDENT OF POLICE, THOTLAVALLURU, KRISHNA DISTRICT-521163. 4. THE INSPECTOR OF POLICE, THOTLAVALLURU CIRCLE, THOTLAVALLURU MANDAL KRISHNA DISTRICT - 521163. 5. THE STATION HOUSE OFFICER, THOTLAVALLURU POLICE STATION, THOTLAVALLURU MANDAL, KRISHNA DISTRICT- 521163. 6. 6. THE DISTRICT COLLECTOR AND MAGISTRATE, KRISHNA DISTRICT AT MACHILIPATNAM - 521001. 7. THE SUBDIVISIONAL MAGISTRATECUMREVENUE, DIVISIONAL OFFICER, VUYYURU, KRISHNA DISTRICT-521165. 2 Dr. YLR, J W.P.No.4020 of 2026 Dated 27.02.2026 8. THE MANDAL EXECUTIVE MAGISTRATECUMTAHSILDAR, THOTLAVALLURUMANDAL, KRISHNA DISTRICT- 521163. . 9. DODDI KOTESWARA RAO, S/O. NOT KNOWN, AGED ABOUT 45 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 10. DODDI CHINNA KOTAVEERAIAH, S/O. NOT KNOWN, AGED ABOUT 50 YEARS, OCCMONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURA MANDAL, KRISHNA DISTRICT - 521163. 11. DODDI AMMAJI, W/O. NOT KNOWN, AGED ABOUT 48 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL, KRISHNA DISTRICT - 521163. 12. NIMMAGADDA JAYARAM, S/O. NOT KNOWN, AGED ABOUT 40 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL, KRISHNA DISTRICT - 521163. 13. SUDHEER, S/O. NOT KNOWN, AGED ABOUT 35 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 14. RAMESH, /O. NOT KNOWN, AGED ABOUT 42 YEARS, OCCMONEY LENDER, R/O. BODDAPADII VILLAGE, THOTAVALLUNJ MANDAL KRISHNA DISTRICT - 521163. 15. P VENKATESHWARA RAO, S/O. NOT KNOWN, AGED ABOUT 55 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL, KRISHNA DISTRICT - 521163. 16. 16. RAMASURULU S, /O. NOT KNOWN, AGED ABOUT 50 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL, KRISHNA DISTRICT - 521163. 17. GUMADI RAMAYAMMA, W/O. NOT KNOWN, AGED ABOUT 52 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 18. KALAVAGUNTA RAMARAO, S/O. NOT KNOWN, AGED ABOUT 45 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, 3 Dr. YLR, J W.P.No.4020 of 2026 Dated 27.02.2026 THOTAVALLNRU MANDAL KRISHNA DISTRICT - 521163. 19. KALAVAGUNTA MUNAMMA, W/O. NOT KNOWN, AGED ABOUT 50 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 20. KOLUSU SHANKAR RAO, S/O. NOT KNOWN, AGED ABOUT 45 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 21. 21. NAGA RAJU, S/O. NOT KNOWN, AGED ABOUT 40 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL, KRISHNA DISTRICT - 521163. 22. KAMBALA VENKATARAMANA, , S/O. NOT KNOWN, AGED ABOUT 45 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 23. KAMBALA SUBAMMA, W/O. NOT KNOWN, AGED ABOUT 50 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL, KRISHNA DISTRICT - 521163. 24. MUSALAMMA, W/O. NOT KNOWN, AGED ABOUT 45 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 25. AREPALLI RAMUDU, , S/O. NOT KNOWN, AGED ABOUT 50 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 26. 26. APPIKATLA MADAVI, W/O. NOT KNOWN, AGED ABOUT 40 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 27. MADAVI, W/O. NOT KNOWN, AGED ABOUT 45 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL, KRISHNA DISTRICT - 521163. 28. P JOGGAIAH, S/O. NOT KNOWN, AGED ABOUT 50 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163 4 Dr. YLR, J W.P.No.4020 of 2026 Dated 27.02.2026 29. YAKAB, S/O. NOT KNOWN, AGED ABOUT 45 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 30. YADAVA MESTRI, S/O. NOT KNOWN, AGED ABOUT 50 YEARS, OCCMONEY LENDER, R/O. BODDAPADU VILLAGE, THETAVALKIRU MANDAL, KRISHNA DISTRICT - 521163. 31. YENKAYAMMA, W/O. NOT KNOWN, AGED ABOUT 45 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL, KRISHNA DISTRICT - 521163. 32. NALLURU PARVATHI, W/O. NOT KNOWN, AGED ABOUT 50 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. 33. KONDAIAH, S/O. NOT KNOWN, AGED ABOUT 45 YEARS, OCC MONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL, KRISHNA DISTRICT - 521163. 34. MUDU SUBBA RAO, . S/O. NOT KNOWN, AGED ABOUT 50 YEARS, OCCMONEY LENDER, R/O. BODDAPADU VILLAGE, THOTAVALLURU MANDAL KRISHNA DISTRICT - 521163. ...RESPONDENT(S): Counsel for the Petitioner: PALA KARTHI KIRAN Counsel for the Respondent(S): 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:- 5 Dr. YLR, J W.P.No.4020 of 2026 Dated 27.02.2026 “…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 1 to 8 on petitioners representation, dated 08.01.2026, submitted for initiating proceedings under Section 126 of The Bharatiya Nagarik Suraksha Sanhita, 2023 against the Respondents 9 to 34 and their followers for their repeated illegal acts and high-handed torture and harassment, thereby causing breach of peace and disturbance to public tranquility, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on Respondents 1 to 8 under the provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of the Constitution of India and consequently direct the Respondents 1 to 8 to initiate proceedings under Section 12S of The Bharatiya Nagariik Suraksha Sanhita, 2023 against the Respondents 9 to 34 and their followers and bind over them to maintain peace and public tranquility and pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri P. Karthi Kiran, learned counsel for the petitioner, submits that the petitioner submitted a representation dated 08.01.2026, which was not considered by Respondent Nos. 1 to 8. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the petitioner sent the representation through post but did not subsequently appear before the police station for any enquiry. It is further submitted that, unless the allegations are specific and attract the provisions of Section 126 of ‘the BNSS’, the police would not be in a position to recommend to the Executive Magistrate for taking appropriate action under Section 126 of ‘the BNSS’. 5. Be that as it may, even if the petitioner is indebted to the unofficial respondents for certain amounts, the unofficial respondents are not entitled 6 Dr. YLR, J W.P.No.4020 of 2026 Dated 27.02.2026 to harass the petitioner or loiter around his residence for the purpose of recovery. The unofficial respondents/money lenders have an alternative efficacious remedy of instituting civil suits against the petitioner for recovery of any such amounts. 6. When a representation is submitted by the petitioner to Respondent Nos. 1 to 8 seeking appropriate action against the unofficial respondents, even if such representation is sent through registered post, the same is required to be considered by the police, especially when the petitioner has placed on record acknowledgements evidencing that the representation was duly served upon the respondents. 7. Considering the above facts and circumstances of the case, and upon recording the submissions of the learned Assistant Government Pleader, the writ petition is disposed of with a direction to Respondent Nos. 1 to 8 to consider the complaint dated 08.01.2026 and to deal with the same in accordance with law. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 27.02.2026 PBS 7 Dr. YLR, J W.P.No.4020 of 2026 Dated 27.02.2026 341 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4020 of 2026 Date: 27.02.2026 PBS