HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 25656 of 2007 Dated 17th January, 2008 Between Doddamreddy Lakshmamma and ors …Petitioners and The Station House Officer, Kavali Rural Police Station, Kavali, Kavali Mandal, Nellore District, and, anr …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 25656 of 2007 ORDER: This Writ Petition is filed seeking Writ of Mandamus to declare the action of the first respondent in interfering with the property dispute between the petitioners and second respondent, which is the subject matter of the suits in O.S.No. 70 of 1007 pending on the file of the learned Senior Civil Judge, Kavali and O.S.Nos. 352, 353, 354, 355 and 356 of 2007 pending on the file of the learned Principal Junior Civil Judge, Kavali, as illegal and arbitrary. It is the case of the petitioners that they are the residents of Gowravaram village and joint owners of the land to an extent of Ac.147.00 cents situated in Gowravaram village of Kavali Rural Mandal, Nellore District. Precisely, it is the grievance of the petitioners that though they are the owners of the above said land, but, in view of the false claim set up by the second respondent for the part of the land, civil disputes are pending in various Courts, and, in spite of the same, the first respondent is interfering with the civil disputes and coercing them to settle the disputes, which are pending between them and second respondent. Counter affidavit is filed by the first respondent. In the counter affidavit, it is stated that pursuant to the complaint filed by the son of the second respondent, by name, Mr. Sd. Haneef, against the petitioners and others, after conduct of preliminary enquiry, a case in Crime No. 190 of 2007 was registered for the offences under Sections 143, 447, 341 and 506 r/w. 149 IPC. It is stated that, in the said case, final report was filed in the Court of the learned Additional Judicial Magistrate of First Class, Kavali on 4-12-2007. The other allegations of the petitioners that the respondents are forcing them to vacate the said land and deliver the possession to the second respondent, and summoning them to the police station, are specifically denied by the first respondent. Except the averment of the petitioners that there is interference by the first respondent in the civil disputes between them and the second respondent, there is no other supporting material. In any event, it is categorically stated at Paragraph 5 of the counter affidavit as follows: “ I respectfully submit that the allegation of the petitioner that this respondent has been persistently demanding him and other petitioners day by day and forcing them to vacate the lands and deliver possession of the same to the second respondent is false and hence denied. The allegation of the petitioners that this respondent at the instance of the second respondent for extraneous consideration has been threatening them with dire consequences is false and hence denied. The allegation of the petitioner that this respondent summoned them to the police station and directed them to withdraw the suits filed by them and deliver possession of the lands to the second respondent is absolutely false and hence denied. …….” In view of the said statement of the first respondent in the counter affidavit, no further direction needs be issued in this Writ Petition. Placing the statement of the first respondent, extracted supra, on record, this Writ Petition is disposed of. As much as, it is stated that final report was filed in Crime No.190 of 2007, it is open to the first respondent to proceed with the case in accordance with law. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 17-1-2008. Msnr.