IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 19830 of 2007 Between: Vadlapati Prabhakara Rao S/o.Immanuel R/o. Chinapeta, D.No. 22-82, Achanta, W.G.District. ..... PETITIONER AND 1 The Station House Officer, Achanta Police Station, Achanta, W.G.District. 2 The Dy.Superintendent of Police, Narsapur,W.G. District. 3 Gottumukkala Kutamba Rao S/o.late Mutyalu W.G. District. 4 Gottumukkala Butci Raju S/o.Late Mutyalu W.G. District. 5 Gottumukkala Venkateswara Rao S/o.Kutumba Rao W.G. District. 6 Gottumukkala Srinu S/o.Kutumba Rao W.G. 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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 and 2 herein calling me to the police Station and beating the petitioner blue and black at the Instance of respondents 3 to 6 and interfering with the petitioner's property i.e, H.No.22-82 Chinapeta, Achanta, West Godavari District, not to have a bore well in his house in 6' front Yard is illegal, and arbitrary opposed to the personal life and liberty and consequently direct the respondents not to interfere with his personal liberty and life and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.RADHA KRISHNA POLISETTY Counsel for the Respondent Nos.1 and 2: GP FOR HOME Counsel for the Respondents 3 to 6: None The Court made the following : THE HON'BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION NO :19830 of 2007 Order: The writ petition is filed alleging that on 12.8.2007, the petitioner was taken by the subordinates of the 1st respondent to Achanta Police Station and beaten up to prevent the petitioner from digging a bore well in his own land and at the instance of the respondents 3 to 6 without any authority of law and in abuse of official position. The 1st respondent has filed a counter affidavit. In para-5 thereof, the above allegations by the petitioner are clearly, categorically and specifically denied. In so far as the other averments in the writ petition are concerned, the counter affidavit states that on the basis of a private complaint preferred by the wife of the 3rd respondent under section 200 of the Code of Criminal Procedure, 1973, before the Court of the Judicial Magistrate of First Class, Palakol, against the petitioner and his wife for the offences punishable under Sections 323,447,35,506(2) read with 34 of I.P.C., the complaint having been forwarded to the 1st respondent for enquiry and report, a case in Crime No. 100 of 2007 was registered and investigation is pending. In view of the clear, categorical and specific denial by the 1st respondent of the allegations in para-5 of the writ petition, which are not rebutted, no further proceedings are warranted. The writ petition is dismissed. There shall be no order as to costs. ____________________ GODA RAGHURAM,J DATE: 1st July, 2008 pnb To 1. The Station House Officer, Achanta Police Station, Achanta, W.G.District. 2. The Dy.Superintendent of Police, Narsapur,W.G. District. 3 2 C.Cs. to the Govt. Pleader for Home, High Court Buildings, Hyderabad. 4. Two C.D. copies