THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 23312 OF 2008 Dated: 30-08-2011 Between: Vandana Chourasia ... PETITIONER AND Sub Inspector of Police, III Town Police Station, Kothagudem, Khammam District and two others ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 23312 OF 2008 ORDER: This writ petition is filed to declare the action of respondent Nos.1 and 2 in forcing the petitioner and her sister Varsha Chourasia to vacate their house bearing Nos.6-7-25, 6-7-26 and 6-7-27 situate at Netaji Market, Kothagudem, Khammam District as illegal and without jurisdiction. It is the case of the petitioner that the said house was originally held by one Smt. Dhaniya Bai Chourasia and as she had no issues, she executed a Will bequeathing the house to her brother by name Ajay Kumar Chourasia. It is stated that Ajay Kumar Chourasia in turn sold the said house to the petitioner and her sister by registered sale deed dated 16-11-2004 and since then they are in possession and enjoyment of the same. It is the grievance of the petitioner that at the instance of their paternal uncle and his son who had developed a greedy eye on account of acquisition of property by them, respondent Nos.1 and 2 are forcing them to vacate from the house in question. A detailed counter affidavit is filed by the Sub Inspector of Police, III Town Police Station, Kothagudem, Khammam District, 1st respondent herein. While denying the averments made by the petitioner, it is stated in the counter that one Mahaveer Prasad Chourasia has filed a criminal complaint on 16-10-2008 stating that Ajay Chourasia and Anil Chourasia criminally trespassed into his house bearing door No.6-7-26 by breaking open the locks and requested to take action. Based on the said complaint, a case in Crime No.155 of 2008 was registered for the offences under Sections 427 and 447 read with 34 of IPC and investigation was taken up. It is further stated that one Ramchandran Chourasia and Laxman Chourasia who are brothers having no issues were the original owners of the property in question and they died leaving their properties and the other three brothers are fighting for the same and in the process, six criminal cases were registered and two murders took place. It is further stated that except with regard to the investigation made in Crime No. 155 of 2008, there is no interference by the police, as alleged by the petitioner. When a complaint is filed alleging trespass with regard to a house property, it is the duty of the police to investigate into the same and such investigation cannot be termed as interference with the civil dispute. As it is stated by the respondents in their counter that the police are not interfering with the civil dispute but investigating into the said crime, I deem it appropriate to dispose of the writ petition permitting the respondents to complete investigation, if not already completed and file appropriate report. At the same time, if the petitioner is found to be in possession of the house in question, she shall not be dispossessed. It is also made clear that this Court has not expressed any opinion with regard to possession of the property in question by the petitioner or any third party. Subject to the above direction, the writ petition is disposed of. No order as to costs. R. SUBHASH REDDY, J 30-08-2011 ks