IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1149 of 2009 Between: Akula Krishna Rao S/o. Venkaiah, Male, Hindu R/o. Mandalapalli Village, Prakash Nagar Colony Dhammapet Mandal, Khammam District. ..... PETITIONER AND 1 State of Andhra Pradesh Rep. by its Principal Secretary to Home Department, Secretariat, Saifabad, Hyderabad. 2 The Station House Officer, Dhammapet Police Station, Khammam District. 3 Madakam Venkatesh S/o. Not Known R/o. Patha Cheepurugudem Village, Dhammapet Mandal, Khammam 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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 1 and 2 in not providing police Protection for cultivation of petitioner's land of Ac 3.35 Guntas covered by Sy.No,. 265/64/1 of Akinepalli Village and not initiating necessary action on Petitionjer's complaint dt. 20-1-2009 as illegal, irregular arbitrary and offends Articles 14, 21 and 300-A of Constitution of India and violative of provisions of Code Criminal Procedure, 1973 and consequently direct the Respondents 1 and 2 to grant necessary police protection for petitioner's cultivation and initiate necessary action against the 3rd Respondent and his mob followers on the said complaint in the interest of justice. Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R:- The petitioner states that he is the absolute owner and possessor of land in an extent of Ac.3.35 guntas in Sy. No. 265/64/1 situated in Akinepalli village, having succeeded it from his father, and that the petitioner’s name was also mutated in the revenue records and pattadar passbook and title deed were also issued in his favour. While so, it is the case of the petitioner that the 3rd respondent along with his henchmen, armed with weapons, trespassed into his land, and high-handedly removed the fencing and caused damage to bean crop claiming themselves to be the owners of the land in question and threatened him to vacate the land. Then, the petitioner gave a written report to the 2nd respondent on 20.1.2009 requesting him to provide police protection to his land, but his grievance is that the 2nd respondent-Station House Officer has not provided any police protection either to his land or to his life, nor initiated any action against the culprits. The 2nd respondent filed counter affidavit stating that after receipt of the complaint lodged by the petitioner, he addressed a letter to the Tahsildar and Mandal Executive Magistrate, Dammapet on 21.1.2009 requesting him to conduct a survey and verify as to who is the actual owner of the land for taking further necessary action, and the same is pending consideration with the Tahsildar, and it is further stated that unless and until the title of the petitioner is established, the police protection cannot be provided to the petitioner’s land. Having heard the learned counsel for both the parties, and in view of the stand taken by the 2nd respondent in the counter that the 2nd respondent will provide police protection only after the right of the petitioner over the disputed land is established in the enquiry to be conducted by the Tahsildar and Mandal Executive Magistrate, this Court deems it appropriate to dispose of the writ petition with the following directions: “The 2nd respondent is directed to provide police protection to the petitioner’s land immediately after the decision is taken with regard to the title and rights of the petitioner over the land in question in the survey to be conducted by the Tahsildar and Mandal Executive Magistrate, Dammapet.” With the above observation, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 19th February, 2009 bcj