Extracted from the PDF above. The PDF is authoritative.
APHC010236442026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12848/2026 Between:
DEVADI CHINNAMMA,, W/O DEVADI CHINNAYYA (LATE), AGED ABOUT 60 YEARS, R/O. DOOR NO. 13-93, GORUVANI PETA, SRIKURMAM PANCHAYAT,
GARA MANDAL, SRIKAKULANN DISTRICT. 532404
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI-522239.
2. THE SUPERINTENDENT OF POLICE, SRIKAKULAM, SRIKAKULAM DISTRICT. 532001
3. THE STATION HOUSE OFFICER, GARA MANDAL, SRIKAKULAM DISTRICT. 532405
4. THE SRIKURMAM GRAM PANCHAYAT, REP. BY ITS SECRETARY, GARA MANDAL, SRIKAKULAM DISTRICT. 532404
5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, GARA MANDAL, SRIKAKULAM DISTRICT. 532405
6. GORU SYAMALA RAO, S/O. SIRAPAYYA, R/O. GORUVANI PETA, SRIKURMAM PANCHAYAT,
GARA MANDAL, SRIKAKULAM DISTRICT. 532404
7. GORU SANJEEVA RAO, S/O. G. SURYA NARAYANA, R/O.
2 Dr. YLR, J W.P.No.12848 of 2026 Dated 05.05.2026
GORUVANI PETA, SRIKURMAM PANCHAYAT, GARA MANDAL, SRIKAKULAM DISTRICT. 532404
8. GORU MALLESWARA RAO, S/O. G. DHANAYYA, R/O. GORUVANI PETA, SRIKURMAM PANCHAYAT, GARA MANDAL, SRIKAKULAM DISTRICT. 532404
...RESPONDENT(S): Counsel for the Petitioner:
N.RUPESWAR REDDY 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 one in the nature of a Writ of Mandamus declaring the inaction of the respondents No 2 and 3 in registering FIR based on the complaint given through PGRS and taking any action against the respondents No 6 to 8 for demolishing my compound wall situated with Door No. 1393 situated at Goruvani Peta Gara mandal Srikakulam district without any notice as arbitrary illegal contrary to the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to us under Articles 14 19 21 and 300 A of the Constitution of India and consequently direct the respondents No 2 and 3 to register FIR and take action in accordance with law against respondents No 6 to 8 by setting aside the endorsement dated
17. 04. 2026….”
2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Mr. N. Rupeswar Reddy, learned counsel for the petitioner, submits that the inaction of respondent Nos.2 and 3 in registering an FIR on the complaint
3 Dr. YLR, J W.P.No.12848 of 2026 Dated 05.05.2026
submitted through PGRS and in taking action against respondent Nos.6 to 8 for allegedly demolishing the compound wall of the petitioner’s house bearing Door No.13-93, situated at Goruvanipeta Village, Gara Mandal, Srikakulam District, is arbitrary and illegal. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the allegations made in the writ petition are false and untenable. He further submits that, pursuant to the directions issued by the Superintendent of Police, Srikakulam, enquiries were conducted on the petitions submitted through PGRS. After enquiry, it was found that the dispute between the parties is purely civil in nature and does not disclose any cognizable offence. Therefore, the petitioner was advised to approach the competent Revenue Authorities or the Civil Court for redressal of her grievance. Hence, no further action was initiated by the respondent police. 5.
Be that as it may, when the complaint of the petitioner was not considered for registration of FIR and no investigation was conducted, the petitioner has an alternative efficacious remedy by filing a private complaint before the learned jurisdictional Magistrate under Section 190 read with Section 200 of ‘the Cr.P.C.’ / Section 210 read with Section 223 of ‘the BNSS’. 6. Having regard to the entire facts and circumstances of the case, and recording the submissions of the learned Assistant Government Pleader, the Writ Petition is disposed of requiring the petitioner to approach the learned jurisdictional Magistrate by filing an appropriate complaint under Section 190
4 Dr. YLR, J W.P.No.12848 of 2026 Dated 05.05.2026
read with Section 200 of ‘the Cr.P.C.’ / Section 210 read with Section 223 of ‘the BNSS’, if so advised. On filing of such complaint, the learned jurisdictional Magistrate shall dispose of the same in accordance with law. 7. With the above observations and directions, 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: 05.05.2026 RSI
5 Dr. YLR, J W.P.No.12848 of 2026 Dated 05.05.2026
320 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
WRIT PETITION NO: 12848 of 2026
Date:05.05.2026 RSI