IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14721 of 2008 Between: 1 Tallapaka Damodaram S/o.late Peddasiddaiah D.No.19-2-35D Sreenivasapuram Old Renigunta Road Tirupathi Chittoor District 2 Tallapaka Lakshmi Narayana S/o.late Peddasiddaiah D.No.19-2-35D Sreenivasapuram Old Renigunta Road Tirupathi Chittoor District 3 Tallapaka Devarajulu S/o.late Peddasiddaiah D.No.19-2-35D Sreenivasapuram Old Renigunta Road Tirupathi Chittoor District ..... PETITIONER(S) AND 1The Superintendent of Police O/o.Superintendent of Police Chittoor District 2The Deputy Superintendent of Police Tirupathi Chittoor District 3The Additional Superintendent of Police Tirupathi Chittoor District 4The Circle Inspector of Police East Police Station Tirupathi Chittoor District 5The Station House Officer East Police Station Tirupathi Chittoor District 6The Director General Of Police Government of Tamilnadu Chennai 7The Superintendent of Police Tiruvalluru District Tiruvalluru Tamilnadu 8Podili Arampathi Subramani S/o.Arampathy Naidu R/o D.No.18-8-17/A Madhura Nagar Tirupathi Chittoor District 9Sriramaneni Kesavulu Naidu S/o.late Munaswamy Naidu D.No.19-9-1G Kakatheeya Nagar Tirupathi Chittoor District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents herein for interfering with the civil disputes relating to the vacant site in Sy.No.3/2A New S.No.3/2/A1 of an extent of Ac.0.47 cents out of Ac.1.11 3/4 cents situated at Ward No.19 and No.29 Tirupathi(V) Accounts,Tirupathi Chittoor District as illegal arbitrary and violative of Article 14 and 21 of the Constitution of India and also against the principles of natural justice and consequently direct the respondents herein not to harass or intefere the the peaceful possession and enjoyment of the petitioners vacant site in Sy.No.3/2A New S.No.3/2/A1 of an extent of Ac 0.47 cents out of Ac 1.11 3/4 cents Situated at Ward No.19 and 29 Tirupathi(V) Accounts Tirupathi,Chittoor District and father direct respondents No.1 to 5 herein not to support the respondents No.6 and 7 herein relating to the 9th respondent civil dispute and pass Counsel for the Petitioner:MR.RAJENDRA BUSSA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14721 of 2008 ORAL ORDER The petitioners herein are the defendant Nos.1 to 3 in O.S.No.292 of 2007 on the ﬁle of the Court of Additional Senior Civil Judge, Tirupati which was ﬁled by the 8th respondent herein claiming that he is the lawful attorney of one Ch.Chengareddy and K.M.T.Sai Kumar Reddy and seeking a decree for perpetual injunction restraining the defendants from interfering with the possession and enjoyment of the plaint schedule property i.e., the land situated in Ward No.19 and 29 of Tirupati village in Sy.No.3/2/A-1. Though the said suit is pending, I.A.No.555 of 2007 ﬁled for temporary injunction under Order.XXXIX and Rule.2 CPC was dismissed on merits by order dated 02-05-2008. The present writ petition is ﬁled alleging that the 7th respondent herein-the Superintendent of Police at the instance of the 9th respondent came to Tirupati and forcibly took the petitioners to Tiruvelluru and recovered two cheques issued by the 9th respondent relating to purchase of a property. That apart the 7th respondent at the instance of the respondent Nos.8 and 9 has been harassing the petitioners and pressurizing them to accede to the claims of the respondent Nos.8 and 9. The petitioners got issued a legal notice to the respondent Nos.1 to 7 herein requesting not to interfere with the civil disputes. Inspite of the same, they continued to harass the petitioners. Hence the present writ petition seeking a declaration that the action of the respondents in interfering with the civil disputes relating to the vacant site in Sy.No.3/2 (new Sy.No.3/2//A1), Ward No.19 and 29, Tirupathi Village Accounts, Tirupati, Chittoor District as arbitrary and illegal. Though no counter-aﬃdavit is ﬁled, the learned Government Pleader for Home under instructions from respondent Nos.1 to 7, submitted that on receipt of the legal notice dated.12-12-2007 got issued by the petitioners alleging harassment by the 7th respondent, the Superintendent of Police directed the 4th respondent to make necessary enquiry and submit a report. Accordingly after conducting a detailed enquiry a report was submitted to the 1st respondent stating that the 9th respondent ﬁled a private complaint before the II Additional District Munsif, Tirupati against the writ petitioners and pursuant thereto Cr.No.110 of 2008 was registered under Section.420 of IPC read with Sec.156(3) Cr.P.C. on the ﬁle of the Tirupati East P.S on 04-04-2008 and the investigation is pending. It is also stated that the writ petitioners are rowdy elements and rowdy sheets vide Nos.172, 51 and 49 are being maintained in the Tirupati East Police Station and that about 10 crimes were registered in Tirupati East Police Station for diﬀerent oﬀences apart from Cr.No.110 of 2008. The learned Government Pleader also stated that the Tirupti East Police are not interfering in civil disputes and the allegation of harassment is also absolutely false. The 9th respondent ﬁled a counter-aﬃdavit denying all the allegations made by the petitioners and stating that on a complaint lodged by him, Cr.No.110 of 2008 under Section.420 IPC has been registered and investigation is pending. As noticed above Cr.No.110 of 2008 has already been registered on the ﬁle of the Tirupati East P.S. and investigation is pending. That apart pursuant to the legal notice dated. 12- 12-2007 got issued by the petitioners, the 1st respondent has already ordered enquiry which is in progress. Moreover, O.S.No.292 of 2007 is also pending relating to the very same land. In the circumstances interference by this Court is not warranted at this stage on any ground whatsoever. Accordingly the writ petition is disposed of recording the statement of the learned Government Pleader for Home that the oﬃcial respondents are not interfering with the civil disputes between the petitioners and the respondents 8 & 9 in any manner what-so-ever. No order as to costs. _________ G.ROHINI,J 25th September,2008 *TSNR