IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3137 of 2009 Between: Mahendra Kumar Samadhia S/o. Jagadish Saran Door NO. 6/131, Chitravathi Road, Puttaparthi, Anantapur District. ..... PETITIONER AND 1 The Superintendent of Police Anantapur, Anantapur District. 2 The Deputy Superintendent of Police Puttaparthi, Anantapur District. 3 The Station House Officer, Urban Police Station, Puttaparthi, Anantapur District. 4 S. Sadiqvali S/o. S. Mohd,. Ali R/o. Brahminapalli Village, Puttaparthi, Anantapur 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 issue an appropriate writ order or direction more in the nature of Writ of Mandamus declaring the action of the Respondents 1 to 3 in interfering with the liberty of the petitioner at the behest of the 4th Respondent by threatening the petitioner to vacate the property bearing House No. 6/131 situated at Chitravathi Road, Puttaparthi, Anantapur District., and threatening him to withdraw O.S.No.92/2008 on the file of the learned Junior Civil Judge, Penugonda, and also to withdraw Crime No. 7 of 2009 dt. 29-1-2009 pending with the 3rd respondent forthwith as illegal, arbitrary amounting to interfering with civil disputes and consequently direct the respondents not to interfere with the liberty of the petitioner by calling him to the Police Station every day and forcing him to vacate the property mentioned above. Counsel for the Petitioner:MR.M.SUBBA REDDY Counsel for the Respondent No.: GP FOR HOME The court made the following order. ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Home and at their request the writ petition is taken up for final disposal at the admission stage itself. This writ petition is filed by the petitioner questioning the action of the respondents 1 to 3 in interfering with his personal liberty at the behest of the 4th respondent and threatening him to vacate the property bearing House No.6/131 situated at Chitravathi Road, Puttaparthy, Ananthapur District and also withdraw O.S.No.92 of 2008 filed in the Court of the Junior Civil Judge, Penugonda as also Crime No.7 of 2009 dated 30.1.2009 pending with the 3rd respondent. On 18.2.2009 when the writ petition came up for admission, the learned Government Pleader for Home took time to get instructions. Today, a counter affidavit is filed by the 3rd respondent – Station House Officer, Puttaparthi, Ananthapur District inter alia denying the allegations made by the petitioner. It is stated that the petitioner came to the police station on 29.1.2009 at 8.00 p.m. and lodged a complaint against one Mr.S.Sadiq Ali, the 4th respondent herein stating that the 4th respondent along with his men trespassed into his house and damaged the house bearing H.No.6/131 situated at 2nd cross road, Chitravathi, Puttaparthi and threw his household articles and basing on the same, a case in Cr.No.7/2009 was registered and they have taken up the investigation. It is also stated that the 4th respondent has also lodged a complaint on the same day at 8.30 p.m. stating that the petitioner herein beat his father with an iron rod and caused bleeding injuries and basing on the same a case in Cr.No.8/2009 was registered. During the course of investigation of both the cases, witnesses were examined and since both the parties are claiming rights over the disputed house in respect of which a civil suit is pending, a report is being submitted to the Tahsildar, Puttaparthi town on 30.1.2009 requesting him to initiate proceedings under Section 145 Cr.P.C. and the same is pending. It is further stated that they never interfered with the civil disputes between the petitioner and the 4th respondent nor threatened him to vacate the premises at any point of time. In view of the above counter averments, no further orders are required to be passed in this writ petition and recording the said averments, the writ petition is closed. N.V.RAMANA,J DT.25.2.2009 msv