APHC010083342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4965/2026 Between: 1. T DAMODARAM, S/O. SANKARAIAH, AGED 38 YEARS, R/O. VENKATAREDDY KANDARIGA VILLAGE, KADURU PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT - 517541. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI,GUNTUR DISTRICT - 522237. 2. THE DIRECTOR GENERAL OF POLICE DGP, MANGALAGIRI, GUNTUR, GUNTUR DISTRICT - 522502. 3. THE SUPERINTENDENT OF POLICE SP, TIRUPATI DISTRICT, TIRUPATI - 517501. 4. THE DEPUTY SUPERINTENDENT OF POLICE DSP, TIRUPATI DISTRICT, TIRUPATI - 517501. 5. THE CIRCLE INSPECTOR, SATHYAVEDU, TIRUPATI DISTRICT- 517588. 6. THE SUBINSPECTOR, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 7. T SUDHAKAR, S/O. T.SUBRAMANYAM, RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 2 Dr. YLR, J W.P.No.4965 of 2026 Dated 23.02.2026 8. T YUGUNDHAR, S/O. MUNASWAMY ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 9. T SEKARAIAH, S/O. NAGAIAH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT- 517541. 10. T VISWANATH, S/O. ESWARAPRASAD ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 11. T RAMESH, S/O. ROJAIAH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT- 517541. 12. T YASWANTH, S/O. DHANAMJAYULU ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 13. T VENKATARAMANA, S/O. SUDHAKAR ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 14. V THARUN, S/O. CHINNIBOMMAIAH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 15. T UDAYSANKAR, S/O. SUDHAKAR ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 16. T ESWARPRASAD, S/O. SANKARAIAH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 17. T RAVI, S/O. GOVINDAIAH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT- 517541. 18. V CHAITANYA, , S/O. CHINNABOMMAIAH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, 3 Dr. YLR, J W.P.No.4965 of 2026 Dated 23.02.2026 TIRUPATI DISTRICT-517541. 19. T KARUNAKAR, S/O. SEKARAIAH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 20. V KUMAR, S/O. PIRAIAH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT- 517541. 21. T VEERASWAMY, S/O. SEKARAIAH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 22. K DEVI, W/O. KISTNAIAH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT- 517541. 23. T MALLESWARI, W/O. VERASWAMY ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 24. T YAMINI, W/O. VENKATARAMANA ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 25. NAGARATHNAMMA, W/O. SUDHAKAR ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT-517541. 26. P VANAJA, W/O. ANANTH ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT- 517541. 27. V PAVAN, S/O. KUMAR ARE RESIDENTS OF KADUR GRAM PANCHAYAT, VARADAIAHPALEM MANDAL, TIRUPATI DISTRICT- 517541. ...RESPONDENT(S): Counsel for the Petitioner: V VINOD K REDDY 4 Dr. YLR, J W.P.No.4965 of 2026 Dated 23.02.2026 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:- “…to issue a writ or order direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent Nos.2 to 6 in not registering an FIR against Respondent Nos.7 to 27 pursuant to complaints of the petitioner dated 07.02.2026 and 10.02.2026 as illegal, arbitrary, unconstitutional and violative of Article 14, 21 and 300-A of the Constitution of India, consequentially direct Respondent Nos.2 to 6 to register an FIR against Respondent Nos.7 to 27 pursuant to complaints of the petitioner dated 07.02.2026 and 10.02.2026 and pass such….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri V. Vinod K. Reddy, learned counsel for the petitioner, submits that respondent No.6 has not registered an FIR pursuant to the complaints dated 07.02.2026 and 10.02.2026 filed by the petitioner, despite the contents of the complaints clearly disclosing the commission of cognizable offences. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the petitioner has unauthorizedly occupied the Mathamma temple land and constructed compound wall and house and further submits that a number of representations were received from the 5 Dr. YLR, J W.P.No.4965 of 2026 Dated 23.02.2026 villagers to remove the said encroachment and hence, it is urged to dismiss the Writ Petition. 5. On perusal of the entire record, the allegation against the respondent No.6 by the petitioner is that respondent Nos.7 to 27 had allegedly committed activities of physical assault and criminal intimidation. In view of the fact that the allegations are more particularly related to physical assault and criminal intimidation, the petitioner ought to have approached a regular Law and Order Police. 6. Be that as it may, the petitioner has an alternative and efficacious remedy before the learned jurisdictional Magistrate by way of filing a private complaint. If the petitioner is of the view that his complaint discloses a cognizable offence and is liable to be registered as an FIR, and that respondent No.6 has failed to register the same, he is at liberty to avail the remedy under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS’. 7. Considering the above facts and circumstances, recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of granting liberty to the petitioner to approach the learned jurisdictional Magistrate by way of filing a complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the 6 Dr. YLR, J W.P.No.4965 of 2026 Dated 23.02.2026 BNSS’ or approach the Law and Order Police for her grievance. 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: 23.02.2026 PBS 7 Dr. YLR, J W.P.No.4965 of 2026 Dated 23.02.2026 177 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 4965 of 2026 Date: 23.02.2026 PBS