APHC010096422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5398/2026 Between: 1. KONDAPALLI ARJUNUDU, AGE 46 YRS, S/O.BAPIRAJU, CASTE ST KONDADORA, K.GOPALAPURAM VILLAGE, GANDEPALLI MANDAL, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS. PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, AMARAVATHI, GUNTUR DISTRICT. PIN-522237 2. DISTRICT COLLECTOR AND CHAIRPERSON, SC, ST VIGILANCE AND MONITORING COMMITTEE, KAKINADA, KAKINADA DISTRICT. PIN-533001 3. DEPUTY SUPERINTENDENT OF POLICE, PEDDAPURAM, KAKINADA DISTRICT. PIN-533437 4. INSPECTOR OF POLICE, ANNAVARAM POLICE STATION, SANKHAVARAM MANDAL, KAKINADA DISTRICT. PIN-533406 5. KOTAKURI MADHUSRI, AGE 26YRS, W/O.LAKSHMI SRIKANTH, L.C.K.PURAM VILLAGE, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT. PIN-515671 6. KESANI SURYANARAYANA, AGE 48YRS, S/O.POTHAYYA, L.C.K.PURAM VILLAGE, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT. PIN-515671 2 Dr. YLR, J W.P.No.5398 of 2026 Dated 06.03.2026 7. KESANI LALITHA, AGE 44YRS, W/O. SURYANARAYANA, L.C.K.PURAM VILLAGE, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT. PIN-515671 8. KONGATI CHINNAMMA, AGE 59YRS, W/O.ANJANEYULU, L.C.K.PURAM VILLAGE, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT. PIN-515671 9. KESANI JEEVAN SAI, AGE 24YRS, S/O. SURYANARAYANA, L.C.K.PURAM VILLAGE, DHARMAVARAM MANDAL, ANANTHAPURAM DISTRICT. PIN-515671 ...RESPONDENT(S): Counsel for the Petitioner: INAPURAPU SURYANARAYANA 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 an appropriate writ, order, or direction, more particularly a writ of mandamus, declaring the action of the 4th respondent Inspector of Police, Annavaram police station of Sankhavaram Mandal, Kakinada District in not registering the First Information Report (FIR) pursuant to the petitioner's statement dated 07.11.2025, as illegal, arbitrary, unjust, and a gross abuse of power. It is prayed that this Hon'ble Court may be pleased to direct the 4th respondent for the registration of an FIR and Pass….” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3 Dr. YLR, J W.P.No.5398 of 2026 Dated 06.03.2026 3. Sri I. Suryanarayana, learned counsel for the petitioner, submits that the complaint submitted by the petitioner dated 07.11.2025 was not registered as FIR by the 4th respondent. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that upon receipt of the said complaint, petitioner’s statement was recorded and during preliminary verification, it was found that, there exists a long-standing civil dispute between the parties. Both parties are claiming right and possession over the same property. The matter involves adjudication of title, which falls exclusively within the jurisdiction of the Civil Court. 5. When a civil dispute is pending between the petitioner and the unofficial respondents, the petitioner has an alternative efficacious remedy to file a suit for injunction against the unofficial respondents if they attempt to interfere with the peaceful possession and enjoyment of the property by the petitioner. For the grant of a permanent injunction, in certain cases, mere proof that a party is in possession of the property is sufficient. It is also a well-settled principle of law that even a trespasser can maintain a suit for injunction against anyone except the true and lawful owner. 4 Dr. YLR, J W.P.No.5398 of 2026 Dated 06.03.2026 6. Further, the petitioner has got an alternative efficacious remedy of filing complaint under Section 190 read with Section 200 of ‘the Cr.P.C.,’/Section 210 read with Section 223 of ‘the BNSS.’, before the appropriate learned jurisdictional Magistrate. 7. Considering the above submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of, granting liberty to the petitioner to avail appropriate civil and criminal remedies before the competent Criminal and Civil Courts in accordance with law. 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: 06.03.2026 PBS 5 Dr. YLR, J W.P.No.5398 of 2026 Dated 06.03.2026 216 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 5398 of 2026 Date: 06.03.2026 PBS