THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35218 of 2025

ORDER:

This Writ Petition is filed seeking the following relief:-

“…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of 3rd Respondent in passing impugned Proceedings bearing No.E/348/2024, dated 03.07.2024 under section 163 and 164 of BNSS in respect of agricultural land to the extent of Ac.64.00 Gts in Survey No.398, 399, 400, 588, 589 and 587 situated at Weepanagandla Village Shivaru, Wanaparthy District as illegal, arbitrary and violation of principals of natural justice and set aside the same with the interest of justice …”

2. Heard Mr. Chekuri Yadagiri, learned counsel for the petitioners, Mr. L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and 5, Mr. M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent No.4. Perused the record.

3. With the consent of both the parties, this writ petition is being disposed of at the stage of admission.

4. Learned counsel for the petitioner submits that in proceedings No.E/348/2024, dated 03.07.2024, respondent No.3 had invoked jurisdiction under Section 163 and 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for brevity) in respect of land in Survey No.398, 399. 400. 588. 589 and 587 in Weepanagandal mandal and Weepangandla Village Shivar, on reference of respondent No.4 dated 02.07.2024 to avoid Law and Order problem. Section

164(1) is extracted hereunder:

164. Procedure where dispute concerning land or water is likely to cause breach of peace.

(1)Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

4.1. He would further submit that no crime has been registered and no First Information Report has been filed in the said order and the said order does not reflect any crime registered against the petitioners in respect of the said property.

4.2. He would further submit that Section 164 of BNSS would confer power upon the Executive Magistrate but not the Sub- Divisional Magistrate. He further submit that aggrieved by the action of respondent No.3, the petitioner has made representation to respondent No.2 on 17.03.2025 seeking to lift the Sections 144, 145 and justify them and an acknowledgment has been given by the said authority stating that their grievance has been sent to Respondent No.3 for redressal and a registration No.WNRDO/E/2025/00018 has been assigned and hence, would seek to pass appropriate orders.

5. Opposing the same, learned Assistant Government Pleader for Home submits that cases have been registered vide Crime Nos.78 of 2024 under Sections 447, 427 Read with Section 34 of Indian Penal Code (IPC for brevity) dated 23.06.2024, Crime No.79 of 2024 under Sections 341, 447, 427 Read with Section 34 of IPC dated 24.06.2024 and Crime No.80 of 2024 under Section 341, 324, 504, 506 Read with Section 34 of IPC dated 30.06.2024, to maintain, law and order, peace and tranquility. Respondent No.3 has promulgated orders under Section 164 of BNSS vide proceedings No.E/348/2024, dated

03.07.2025, considering the report dated 02.07.2025 submitted by the respondent No.4 and no perversity can be attributed to the said order and thus, would seek to dismiss the writ petition.

6. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and 5 submits that the power under Section 164 of BNSS is to protect public peace and tranqu