HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2122 of 2011 Date : 11.02.2011 Between : K.Kariyanna. …..Petitioner And The Superintendent of Police, Ananthapur & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2122 of 2011 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of 2nd respondent in directing the petitioner not to enter into the land and obstructing to harvest crop in Sy.No.783-A to an extent of Ac.6.08 cents, situated in Huttebette village of Rolla Mandal in Anantapur District, as illegal and arbitrary. It is the case of the petitioner that although he is in exclusive possession of the aforesaid land and the suit filed by some third parties in O.S.No.12 of 2002 on the file of the Junior Civil judge, Madakasira is dismissed for default, respondents are interfering with his possession and directing him not to enter into the said land. On instructions, it is submitted by the learned Government Pleader appearing for respondents that on 28th of October 2010, one K.M.Balaraju, resident of Hotte Betta village of Rolla Mandal, lodged a complaint before the Police against the petitioner and three others, stating that the persons named in the complaint have criminally trespassed into the land of the complainant, admeasuring Ac.6.08 cents covered by Sy.No.783-2A, situated at Hotte Betta village. Based on such complaint, a case is registered in Crime No.35 of 2010 for the offences under Sections 447, 341, 188 r/w.34 of IPC and the matter was investigated. It is submitted that during the course of investigation, 7 witnesses were examined and as a prima facie case was made out, all the accused, including the petitioner, were arrested on 28.10.2010 and are remanded to judicial custody. It is submitted that after completion of investigation, charge sheet is also filed before the Learned Judicial Magistrate of First Class, Madakasira, and the same is pending trial in C.C.No.116 of 2010. It is submitted by the learned counsel for petitioner that though initially there was injunction order in favour of plaintiffs in the suit in O.S.No.12 of 2002 and also an order for grant of police protection, the suit filed by them was dismissed subsequently, and inspite of the same, respondent-Police are interfering with the possession of petitioner. From the very submission made by the learned Government Pleader based on the written instructions, it is clear that there are rival claims over the land in question, and as the suit filed by some third parties is dismissed, in the absence of making the plaintiffs in the said suit as party-respondents to this writ petition, this Court cannot infer possession of petitioner. In that view of the matter, I do not find any ground to entertain this writ petition. For the aforesaid reasons, this writ petition is devoid of merit and it is accordingly dismissed. No costs. ______________________ R. SUBHASH REDDY, J 11th February 2011 ajr