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2026 DAILYLAW 27692 (AP)

SRI SRI SRI GURRAPPA SWAMY ANKALAPARAMESWARI DEVALAYA DEVELOPMENT TRUST v. THE STATE OF ANDHRA PRADESH

WP/36645/2025 · 2026-03-01

Y Lakshmana Rao

body2026

Judgment text

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APHC010705702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 36645/2025 Between: 1. SRI SRI SRI GURRAPPA SWAMY ANKALAPARAMESWARI DEVALAYA DEVELOPMENT TRUST, AGARAMANGALAM VILLAGE, VEERAKANELLORE POST GANGADHARA NELLORE MANDAL, CHITTOOR DISTRICT, REP. BY ITS PRESIDENT TALA DEEPAK KUMAR, S/O LATE NAGABHUSHAN TALA, AGED 49 YEARS, OCC BUSINESS, R/O FLAT NO. 105, MAY FLOWER CLASSIC, NANJA REDDY COLONY, JEEVANBIMA NAGAR MAIN ROAD, MURUGESHPAIYA, BANGALORE - 560017. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT AT CHITTOOR. 3. THE DEPUTY SUPERINTENDENT OF POLICE, PALAMANERU, CHITTOOR DISTRICT. 4. THE INSPECTOR OF POLICE, PALAMANERU CIRCLE, PALAMANERU, CHITTOOR DISTRICT. 5. THE STATION HOUSE OFFICER, GANGADHARA NELLORE POLICE STATION, GANGADHARA NELLORE MANDAL, CHITTOOR DISTRICT. 6. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, CHITTOOR DISTRICT AT CHITTOOR. 2 Dr. YLR, J W.P.No.36645 of 2025 Dated 02.03.2026 7. THE SUBDIVISIONAL MAGISTRATE CUM REVENUE DIVISIONAL OFFICER, PALAMANERU, CHITTOOR DISTRICT. 8. THE MANDAL EXECUTIVE MAGISTRATECUMTAHSILDAR, GANGADHARA NELLORE MANDAL, CHITTOOR DISTRICT. 9. T SHESAMMA, W/O LATE MADHAVA BOYADU, R/O AGARAMANGALAM VILLAGE VEERAKANELLORE POST, GANGADHARA NELLORE MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: M S S SWAYAM PRAKASH BABU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- <…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 on petitioners representation dated 15.11.2025, submitted for initiating proceedings under Section 126 of Chapter IX of Bharatiya Nagarik Suraksha Sanhita, 2023 against the respondent 9 and her followers for their repeated illegal acts and high-handed interference, demolishing fencing and access road to the Temple premises, throwing slippers and pelting stones at pilgrims and Trust members, creating nuisance, obstructing devotees, and threatening with dire consequences, 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 the Bharatiya Nagarik Suraksha Sanhita, 2023 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 5, particularly respondents 5, 7 and 8 to initiate proceedings under Section 3 Dr. YLR, J W.P.No.36645 of 2025 Dated 02.03.2026 126 of Chapter IX of Bharatiya Nagarik Suraksha Sanhita, 2023 against respondent 9 and her henchmen and pass….= 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 3. Sri M.S.S. Swayam Prakash Babu, learned counsel for the petitioner, submits that the representation dated 15.11.2025 submitted by the petitioner was not considered by the respondent/police. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that a similar representation of the petitioner was considered by the police. Accordingly, a case in Crime No. 86 of 2025 was registered for the alleged offences punishable under Sections 329(3), 324(4), 351(2) read with 3(5) of 8the BNS9, and another case in Crime No. 91 of 2025 was registered for the alleged offences punishable under Sections 329(3), 324(5), 351(2) read with 3(5) of 8the BNS9 by G.D. Nellore Urban Police Station. It is further submitted that the FIRs indicate the existence of a private land dispute between the petitioner9s trust and the villagers. 5. The learned Assistant Government Pleader further submits that the representation dated 15.11.2025 was not received by the respondent/police. 6. Considering the above facts and circumstances of the case, and upon recording the submissions of the learned Assistant Government 4 Dr. YLR, J W.P.No.36645 of 2025 Dated 02.03.2026 Pleader, the writ petition is disposed of by granting liberty to the petitioner to submit a fresh representation to the respondent/police within a period of two (2) weeks from the date of receipt of a copy of this order. Upon such submission, the police shall consider the same in accordance with law. If any law and order issue is perceived by the Investigating Officer, he shall report the same to the Executive Magistrate/Mandal Executive Magistrate for initiation of appropriate proceedings in accordance with the provisions of 8the BNSS9. 7. 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: 02.03.2026 PBS 5 Dr. YLR, J W.P.No.36645 of 2025 Dated 02.03.2026 252 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 36645 of 2025 Date: 02.03.2026 PBS