IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 22215 of 2001 Between: 1 Palabindela Somalingaiah S/o Muthilingaiah R/o Thirumalagiri ( V& M ), Nalgonda District. 2 Palabindela Bylingaiah S/oChandraiah R/o Thirumalagiri ( V& M ), Nalgonda District. 3 Palabindela Kondaiah S/o Muthilingaiah R/o Thirumalagiri ( V& M ), Nalgonda District. 4 Palabindela Somaiah S/o Hanumanthu R/o Thirumalagiri ( V& M ), Nalgonda District. 5 Palabindela Yadauah S/o Yadagiri R/o Thirumalagiri ( V& M ), Nalgonda District. ..... PETITIONERS AND 1 The Station House Officer, P.S.Tirumalagiri, Nalgonda District. 2 The Inspector of Police, P.S.Tirumalagiri, Nalgonda District. 3 Sankepairi Pratap Reddy S/o Ramanarsimha Reddy R/o Tirumalagiri (V & M) , Nalgonda District. .....RESPONDENTS 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 particularly one in the nature of Writ of Mandamus by declaring the impugned action of the respondents 1 and 2 in interfering with the possession and enjoyment of the petitioners over the land to and extent of Ac.0-20 gts in Sy.No.883 and Ac.No.0-7 1/2 gts in Sy.No.882 at Tirumalagiri (V & M), Nalgonda District and with the civil disputes between the petitioners and the 3rd respondent as arbitrary, illegal, and violative of Article 21 & 300 A of the Constitution of India. Counsel for the Petitioner: MR.J.ASHVINI KUMAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 22215 of 2001 O R D E R : This writ petition is filed seeking a declaration that the alleged action of the respondents 1 and 2 in interfering with the possession and enjoyment of the petitioners in respect of the Ac.0.20 guntas of land situated in Sy.No.883 and Ac.0.7 ½ guntas of land situated in Sy.No.882 of Tirumalgiri Village and Mandal, Nalgonda District is arbitrary and illegal. It is also alleged that the respondents 1 and 2 are interfering with the civil disputes pending between the petitioners and the 3rd respondent, which is impermissible under law. In response to the Rule Nisi ordered, a counter affidavit has been filed on behalf of the respondents 1 and 2 denying the allegations made by the petitioners and stating that the respondents 1 and 2 never interfered with the civil disputes pending between the petitioners and the 3rd respondent and that they never called the petitioners and never compelled them to compromise the matter with the 3rd respondent. The stand taken by the respondents 1 and 2 has not been disputed by the petitioners and no other material has been placed before this Court to substantiate the allegations. Accordingly, recording the statement of the respondents 1 and 2 in their counter affidavit, the writ petition is disposed of with a direction not to interfere with the possession of the petitioners in respect of the land in question in manner whatsoever without following due process of law. No costs. ______________ G. ROHINI, J Dated: 20-01-2009 KLP