APHC010252392026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 12th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14554 OF 2026 Between: 1. GAVARA MUTYLA NAIDU, S/o Demudu (Ldte), aged about 45 years, Occupation Agriculture, R/o Gulivindada Village, Kothavalasa Mandal, Vizianagaram District - 535183. ...Petitioner AND 1. THE STATE OF AP, Rep.by its PrI. Secretary, Home Department, AP Secretariat, Velagapudi, Amaravati, Guntur District - 522238. 2. The Superintendent of Police, Vizianagaram Rural, Vizianagram District - 535002. 3. The Station House Officer, Kothavalasa, Vizianagaram Rural, Vizianagram District - 535183. 4. Mummana Demudamma, W/o. Late Appala Naidu, Aged about 75 years, Sr. Citizen Gulivindada, Kothavalasa Mandal, Vizianagaram District - 535183. 5. Jami Surya Prakash, S/o. Achanna (late). Aged about 60 years. Agriculture, SC Colony, Gulivindada, Kothavalasa, Vizianagaram District - 535183. 6. Jami Nookaratnam, W/o. Surya Prakash, Aged about 55 years. Agriculture, SC Colony, Gulivindada, Kothavalasa, Vizianagaram District - 535183. 2 7. Gandreddy Nageswara Rao, S/o Gandreddi Simhadri, Aged about 58 years Agriculture, Kothavalasa Mandal, Vizianagaram District - 535183. 8. Gandreddi Hemanth Kumar, S/o Gandreddi Ramana, Aged about 55 years, Agriculture, Gulivindada, Kothavalasa Mandal, Vizianagaram District - 535183. 9. Gandreddi Ramana, S/o, Ramu Naidu, Aged about 60 years, Agriculture, Near Polipalamma Temple, Gulivindada, Kothavalasa Mandal, Vizianagaram District - 535183. 10. Mummana Ramana, S/o. Kanakaraju, aged about 62 years. Agriculture, Gulivindada, Kothavalasa Mandal, Vizianagaram District - 535183. 11. Gorapalli Anil Kumar, S/o. Apparao, aged about 45 years. Agriculture, Kothavalasa Village and Mandal, Vizianagaram District - 535183. ...Respondents 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 an appropriate Writ, Order or Direction, more particularly one in the nature of a WRIT OF MANDAMUS directing Respondents No. 1 to 3 in failing to register a criminal case against Respondent Nos. 4 to 9 for offences relating to criminal conspiracy, cheating, forgery of public records, use of forged documents as genuine, criminal breach of trust, fraud and other cognizable offences under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023, committed by fabricating and using false 1-B revenue records for bringing into existence illegal registration documents in respect of land admeasuring Ac.3.13 cents covered under Surv-ey No.97/6 3 of Gulivindada Village, Kothavalasa Mandal, Vizianagaram District, as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India, and consequently direct Respondent Nos. 1 to 3 to forthwith register an FIR and conduct investigation strictly in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023, take consequential dction against all persons responsible, and further direct restoration and protection of the canal land so as to ensure irrigation facility to an extent of Ac.20.00 of agricultural land benefiting nearly 50 farmers dependent upon the said canal for cultivation, and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents No. 1 to 3 to forthwith initiate appropriate action, strictly in accordance with law, against the unauthorized, illegal, and fraudulent acts perpetrated by the private respondents No. 4 to 9, particularly Respondent Nos. 6 to 11, in fabricating and relying upon forged revenue records in respect of land bearing Survey No. 97/6, admeasuring Ac. 3.13 cents, situated at Gulivindada Village, Kothavalasa Mandal, Vizianagaram District, pending disposal of the above writ petition and pass Counsel for the Petitioner: SARAT BABU PULIPATI Counsel for the Respondents: GP FOR HOME 4 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14554 of 2026 The Court made the following Order: Instant 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 directing Respondents Nos. 1 to 3 in failing to register a criminal case against Respondent Nos. 4 to 9 for offences relating to criminal conspiracy, cheating, forgery of public records, use of forged documents as genuine, criminal breach of trust, fraud and other cognizable offences under the relevant provisions of the Bharatiya Nyaya Sanhita, 2023, committed by fabricating and using false 1-B revenue records for bringing into existence illegal registration documents in respect of land admeasuring Ac.3.13 cents covered under Survey No.97/6 of Gulivindada Village, Kothavalasa Mandal, Vizianagaram District, as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India, and consequently direct Respondent Nos.1 to 3 to forthwith register an FIR and conduct investigation strictly in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023, take consequential direction against all persons responsible, and further direct restoration and protection of the canal land so as to ensure irrigation facility to an extent of 5 Ac.20.00 of agricultural land benefiting nearly 50 farmers dependent upon the said canal for cultivation, and pass”. 2. On 06.08.2026, none appeared on behalf of petitioner. Today, though the matter is listed under the caption “for dismissal”, there is no representation for the petitioner. 3. Heard learned Assistant Government Pleader for Home appearing on behalf of Respondent/State and perused the material placed available on record. 4. Conspectus of facts in the present Writ Petition is that, despite the petitioner’s complaint to the police personnel, the respondent police are not acting upon the same by registering an FIR, thereby lodging criminal proceedings. 5. Learned Assistant Government Pleader for Home, basing on the written instructions of the Respondent/Police, submits that preliminary enquiry of the police reveals that the petitioner’s complaint does not disclose commission of any cognizable offence. As such, Writ Petition itself is not maintainable. 6. Now, coming to the central issue in the lis, despite the petitioner’s complaint, the police are not registering an FIR; the aggrieved party directly initiating proceedings before the Hon’ble 6 High Court under Article 226 of the Constitution of India or Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 482 of the Code of Criminal Procedure, 1973. 7. In this juncture, it is appropriate to note that the issue involved in the present lis, is squarely covered by the Order of this Court dated 23.07.2026 in WP No.18425 of 2026, wherein this Court appreciated the facts and law by taking into consideration of the dictums laid down by the Apex Court including latest expression held in Sujal Vishwas Attavar and another vs. State of Maharashtra and others1, wherein it was held as under: “7. Keeping in view the above exposition of law, we find that the extraordinary jurisdiction under Article 226 of the Constitution of India ought not to have been invoked when alternative equally efficacious statutory remedies were available. If a person has a grievance that his FIR has not been registered by the police, or having been registered, proper investigation is not being conducted, then the remedy does not ordinarily lie in invoking the writ jurisdiction in the first instance, but in seeking recourse to 1 2026 SCC OnLine SC 798 7 the statutory framework, unless of course the urgency of the circumstances warrant otherwise. 8. The Bharatiya Nagarik Suraksha Sanhita 2023 (erstwhile Code of Criminal Procedure, 1973) provides a structured sequential mechanism for initiating criminal prosecution. The statutory framework contemplates that information relating to the commission of a cognizable offence is first placed before the officer-in-charge of the police station and an FIR is registered under Section 173(1) BNSS. In the event of refusal to register the FIR, recourse lies before the jurisdictional Superintendent of Police under Section 173(4) BNSS and, thereafter, before the Magistrate, under Section 175(3) BNSS. 9. xxxx. 10. xxxx. 11. The High Court is not bound to entertain a writ petition merely because a case of alleged inaction or negligence is made out against a statutory authority. Ordinarily, where a statute provides a complete and efficacious remedy, the same must be exhausted before invoking constitutional jurisdiction [See: Sakiri Vasu (supra) and Sudhir Bhaskarrao Tambe (supra)]. In the present facts, the complainant Company has not exhausted the sequential statutory remedies available under BNSS. There is, therefore, no foundation to invoke the extraordinary jurisdiction of the High Court for the reason that efficacious and efficient alternative remedies exists. Hence, at this stage, we find the instant writ petition to be premature, and, therefore, not fit to be entertained.” 8 8. Accordingly, by applying the above ratio to the present case too, this Writ Petition is disposed of as under: i) Liberty is granted to the petitioner to approach the learned jurisdictional Magistrate by filing appropriate complaint under Section 175(3) and 210 read with 223 of BNSS, 2023. ii) This Court has not expressed any opinion on merits and whether or not the complaint discloses criminal offences. iii) Equally, it will be open to all the stakeholders to avail remedies in terms of the statutory realm.” There shall be no order as to costs. 9. Registry is directed to append a copy of the Order of this Court dated 23.07.2026 in WP No.18425 of 2026 along with the instant order. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date:12.08.2026 krk 9 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 122 WRIT PETITION NO: 14554 of 2026 Date: 12.08.2026 krk