APHC010162512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 8508/2026 Between: 1. SRI KANAKA DURGA AMMA VARI DEVALAYA COMMITTEE, ABBURU, REP. BY ITS PRESIDENT SRI SRINIVASA RAO MANDADAPU S/O SIVAIAH AGED ABOUT 55 YEARS, R/O D.NO.4- 77, ABBURU VILLAGE, SATTENAPALLI MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT 522239 2. THE SUPERINTENDENT OF POLICE, PALNADU DISTRICT, NARASARAOPET. 522601 3. THE DEPUTY SUPERINTENDENT OF POLICE, SATTENAPALLI DIVISION, SATTENAPALLI, 522403 4. THE STATION HOUSE OFFICER, SATTENAPALLI RURAL POLICE STATION, SATTENAPALLI, PALNADU DISTRICT. 522403 5. M VENKATESWARLU, S/O SAMBAIAH AGED ABOUT 55 YEARS. RESIDING AT ABBURU VILLAGE, SATTENAPALLI MANDAL, PALNADU DISTRICT 522403 6. KATTA RAMESH, S/O VISWESWARA RAO AGED ABOUT 55 YEARS. RESIDING AT ABBURU VILLAGE, SATTENAPALLI 2 Dr.YLR, J W.P.No.8508 of 2026 Dated 08.04.2026 MANDAL, PALNADU DISTRICT.522403 ...RESPONDENT(S): Counsel for the Petitioner: 1. G V S MEHAR KUMAR Counsel for the Respondent(S): 1. 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 writ of mandamus declaring the action of the respondents 2 to 4 in not considering the complaint through PGRS Vide bearing No PLND202603166535 dt 1632026 for taking necessary action against the respondents 5 and 6 for their illegal encroachment and trying to demolishing the petitioners temple situated in Sy No 3421 of the Abburu Village Sattenapalli mandal Palnadu district without considering the civil suit in O S No 80/2026 on the file of the court of the Principal Junior Civil Judge Sattenapalli is illegal arbitrary and violative of principals of natural justice and to pass such order(s).” 2. Heard the learned Counsel for the Petitioner and the learned Assistant Government Pleader for Home. 3. Sri G.V.S. Mehar Kumar, learned counsel for the Petitioner, submits that the Petitioner has submitted a PGRS complaint dated 16.03.2026 seeking necessary action against Respondent Nos. 5 and 6 for their alleged illegal encroachment and for attempting to demolish the Petitioner‟s temple, without considering the pendency of the civil suit in O.S. No. 80 of 2026 on the file of the learned Civil Judge (Junior Division), Sattenapalli. 3 Dr.YLR, J W.P.No.8508 of 2026 Dated 08.04.2026 4. Sri P. Ajay Babu, learned Assistant Government Pleader for Home, on written instructions, submits that Respondent No. 4 conducted a preliminary inquiry under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “the BNSS”), on the complaint submitted by the Petitioner through PGRS, bearing No.PLND202603166535 dated 16.03.2026, against Respondent Nos. 5 and 6, and it was noticed that the allegations are civil in nature. Therefore, the police could not proceed further. 5. It is an undisputed fact that a civil dispute is pending in O.S. No. 80 of 2026 between the Petitioner and Respondent No. 6. The Petitioner and Respondent No. 6 have to work out their remedies before the learned Civil Judge (Junior Division), Sattenapalli, by filing appropriate applications. The Petitioner has an alternative remedy of filing a complaint under Section 190 read with Section 200 of the Code of Criminal Procedure, 1973, or under Section 210 read with Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “the BNSS”), by approaching the jurisdictional Magistrate, if the Petitioner is of the view that his complaint discloses the commission of a cognizable offence and the same was not registered by the police in accordance with law. 6. Considering the 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 work out his legally available remedies before the competent Civil Court and also to file an appropriate complaint 4 Dr.YLR, J W.P.No.8508 of 2026 Dated 08.04.2026 before the learned jurisdictional Magistrate under Section 190 read with Section 200 of „the Cr.P.C.,‟ or under Section 210 read with Section 223 of „the BNSS.,‟ if so advised. 6. With the above observation, 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: 08.04.2026 KMS 5 Dr.YLR, J W.P.No.8508 of 2026 Dated 08.04.2026 100 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO Writ PETITION No.8508 of 2026 Date: 08.04.2026 KMS 6 Dr.YLR, J W.P.No.8508 of 2026 Dated 08.04.2026