APHC010616972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 32318/2025 Between: 1. THATAVARTHI SUBBA RAO,, S/O. NARASIMHA RAO, AGED 55 YEARS, OCC CULTIVATION, R/O. RAMACHANDRAPURAM VILLAGE, JEELUGUMILLI MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ELURU, ELURU DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, POLAVARAM, ELURU DISTRICT. 4. THE INSPECTOR OF POLICE, JEELUGUMILLI, ELURU DISTRICT. 5. THE STATION HOUSE OFFICER, BUTTAIGUDEM POLICE STATION, BUTTAIGUDEM, ELURU DISTRICT. 6. THE DISTRICT COLLECTOR AND MAGISTRATE, ELURU DISTRICT AT ELURU 7. THE SUBDIVISIONAL MAGISTRATE CUMREVENUE DIVISIONAL OFFICER, JANGAREDDYGUDEM, ELURU DISTRICT. 8. THE MANDAL EXECUTIVE MAGISTRATECUMTAHSILDAR, BUTTAIGUDEM MANDAL, BUTTAIGUDEM, ELURU DISTRICT. 2 Dr. YLR, J W.P.No.32318 of 2025 Dated 19.02.2026 9. KAKI GANGARAJU, S/O. GANGUU, R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 10. KAKI BRAHMAMMA, W/O. GANGARAJU, R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 11. KAKI RAJU, S/O. GANGARAJU R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 12. KAKI RAMUDU, S/O GANGARAJU R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 13. KAKI SRIRAMAIAH, S/O. GANGARAJU R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 14. KAKI LAXMUDU, , S/O. GANGARAJU, R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 15. KAKI RAMUDU, S/O. GANGARAJU R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 16. KAKI BODAIAH, S/O. GANGARAJU, R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 17. MADAKAM YELLAIAH, S/O. RAMUDU, R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 18. KUNJA GANGARAJU, S/O. PENTAIAH, R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 19. MADAVI JOGAIAH, , S/O. MUTYALU, R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST 3 Dr. YLR, J W.P.No.32318 of 2025 Dated 19.02.2026 GODAVARI DISTRICT). 20. MADAVI GANGULU, S/O. JOGAIAH, R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 21. MADAVI NAGENDRA, S/O. JOGAIAH, R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 22. MUYYABOYINA SITAMMA, W/O. BADRAIAH R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). 23. KUNJA BUTCHAMMA, W/O. OLAIAH, R/O. VEPULAPADU VILLAGE, BUTTAIGUDEM MANDAL, ELURU DISTRICT (FORMERLY WEST GODAVARI DISTRICT). ...RESPONDENT(S): Counsel for the Petitioner: 1. PETLURI NAGA RAJU Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 4 Dr. YLR, J W.P.No.32318 of 2025 Dated 19.02.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 32318/2025 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…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 on petitioners representation dt.25.10.2025, submitted for initiating proceedings under Section 126 of Chapter IX of Bharatiya Nagarik Suraksha Sanhita, 2023 against the respondents 9 to 23 and their followers for their repeated illegal acts and high-handed interference and forcibly entering into his property with deadly weapons and unlawfully destroyed the crops grown by us on the said land using a tractor and threatening him with peaceful living apart from creating Obstruction and Nuisance, thereby causing breach of peace and disturbance to public tranquility at their landed properties in an extent of Ac.14.53 cents in Survey No.93 in Korasavarigudem Village, Buttaigudem Mandal, Eluru District, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on respondents 1 to 5 under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 5 to initiate proceedings under Section 126 of Chapter IX of Bharatiya Nagarik Suraksha Sanhita, 2023 against respondents 9 to 23 and their henchmen and pass…” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home. 3. Mr. Petluri Nagaraju, learned counsel for the petitioner, submits that the petitioner has submitted a representation dated 25.10.2025 to respondent Nos.1 to 8 against the unofficial respondents, requesting the authorities to bind them over. It is contended that the said representation has not been considered by the authorities, especially respondent No.8. 4. Mr. P. Ajay Babu, learned Assistant Government Pleader, on written instructions submits that there is a civil dispute in respect of land admeasuring 5 Dr. YLR, J W.P.No.32318 of 2025 Dated 19.02.2026 Ac.14.53 cents in Sy.No.93 of Korasavarigudem Village, Buttaigudem Mandal, and that the Police have no role to play in the said civil dispute. 5. However, it is brought to the notice of this Court that a representation dated 25.10.2025 was also given to the 8th respondent in view of the alleged highhanded attempts made by the unofficial respondents to attack the petitioner, cause damage to the standing crop, and encroach upon the land. Whether an order of bind over can be passed by the Mandal Executive Magistrate or not is within the exclusive discretion of the 8th respondent. When such a representation is given by the petitioner seeking appropriate orders, the 8th respondent has a legal obligation to act upon the representation in accordance with law. 6. Considering the entire facts and circumstances of the case, the Writ Petition is disposed of directing the 8th respondent to consider the representation dated 25.10.2025, in accordance with law, and pass appropriate orders within a period of one (01) month. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 19.02.2026 Pmk 6 Dr. YLR, J W.P.No.32318 of 2025 Dated 19.02.2026 152 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION No.32318 of 2025 Date: 19.02.2026 Pmk