HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15142 OF 2009 Dated 07-10-2009 Between: Gajavelli Venu Kumar. …Petitioner. And: 1. The Station House Officer, Ganapur (Mulugu) Village & Mandal, Warangal District and others. ….Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15142 OF 2009 ORDER: This Writ Petition is filed by the petitioner seeking to declare the action of the 1st respondent-Station House Officer, Ganapur (Mulugu) Village & Mandal, Warangal District, in interfering in civil disputes between the petitioner and his brothers on one side and the respondents 3 to 7 on the other with regard to the agricultural land admeasuring Ac.10.00 in Sy.Nos.680/B of Gollapalli Village, H/o Dharmaraopet village, Ghanpur Mandal, Warangal District as unconstitutional, unjust, arbitrary and unsustainable. The case of the petitioner in brief is as follows: The petitioner and his brother one G.Praveen Kumar and his cousin brother G.Venkata Ramana son of late G.Satyanarayana are the absolute owners and possessors of agricultural land admeasuring Acs.10-00 of Gollapalli Village. They inherited the same by way of succession. While so, the respondents 3 to 6 filed a suit in O.S.No.15 of 2009 on the file of the Court of the learned Junior Civil Judge, Mulugu, Warangal District against himself, his brother and cousin and ten others for permanent injunction. It is their case that they are the owners of the A.B.C. and D. Schedule properties. They filed an application in I.A.No.19 of 2009 seeking to grant temporary injunction. The learned Judge granted exparte injunction on 5-6-2009. The petitioner and others came to know about the said injunction order and they filed three separate I.A’s about two weeks back for vacation of the interim injunction, for appointment of Advocate Commissioner and for advancement of the hearing of the I.A. and those applications are pending for consideration. On 14-01-1982, a deed of understanding was entered into by all the three brothers and the brothers have surrendered their rights and physical possession to late Satyanarayana. The said Satyanarayana died on 12-2-2004 leaving his son Venkataramana to succeed to the properties as a sole legal heir. Under a registered sale deed dated 21-3-1985, late Satyanarayana sold the above said lands to the father of the petitioner. In view of the escalation of prices, respondents 3 to 6 have filed the above suit with false claim. The mother of the plaintiffs filed the suit O.S.No.301 of 2009 on the file of the Court of the Principal Senior Civil Judge, Warangal against three of the petitioners for permanent injunction on the same property without stating anything about the so called registered gift settlement deed in favour of her daughters. While the suits and the interlocutory applications are pending before the Court, the 1st respondent-Station House Officer is calling the petitioner and others to the Police Station frequently and threatening them that dire consequences would following if they contest the suits and if they do not allow the respondents 3 to 6 to enter into the possession of the land in question. The 7th respondent is closely related to respondents 3 to 6 and he has been actively participating in the nuxlite activities. The 1st respondent-Station House Officer is causing humiliation to the petitioner and others by abusing in filthy language. In this connection, the petitioner and others approached the 2nd respondent - Superintendent of Police, Warangal District at Warangal. The 1st respondent-Station House Officer cannot interfere with the matters of disputes which are civil in nature. Hence this Writ Petition. In the Counter affidavit filed on behalf of the respondents 1, 2 and 8 which was sworn by the 1st respondent, it is stated as follows: The 1st respondent-Sub-Inspector has no knowledge about the contentions mentioned in paragraphs 1 to 4 of the affidavit filed by the petitioner. He is not calling the petitioner to the police as alleged by the petitioner. Basing on the complaint dated 5-7-2009 made by the petitioner, he caused enquiries and came to know that the matter is of civil in nature and advised the petitioner to settle the matter before a competent Court. Hence, he seeks to dismiss the petition. In the counter affidavit filed on behalf of the respondents 3 to 7 which was sworn by the 6th respondent, it is stated that the grounds alleged in the Writ Petition are untenable and do not disclose any valid ground or substance for issuance of any relief as prayed therein. It is further stated that the petitioner filed the Writ Petition making false and frivolous allegations against the 6th respondent and others with an intention to grab their properties by adopting illegal methods to have wrongful gain. Due to the harassment of the petitioner and others, the mother of the respondents 3 to 7 lodged a complaint with the 1st respondent- Station House Officer and case in Crime No.79 of 2009 was registered. Hence, he seeks to dismiss the Writ Petition. Heard the learned Counsel for the petitioner and the learned Government Pleader for Home. Perused the material available on record. As can be seen from the record that the suits between the parties are pending before the learned Junior Civil Judge, Mulugu, Warangal District and also before the learned Principal Senior Civil Judge, Warangal. The 1st respondent has specifically denied the allegation made by the petitioner with regard to the alleged interference in the civil dispute, by calling him to the Police Station. Therefore, in view of the ‘specific denial’ of the allegation by the 1st respondent, there remains nothing in the Writ Petition for adjudication. In view of the facts and circumstances of the case and since the petitioner has not made out any prima facie case, I feel that no direction can be granted in this Writ Petition. Accordingly, this Writ Petition is closed. No costs. _______________________ Justice G.CHANDRAIAH Dated 07-10-2009. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.15142 OF 2009 Dated 07-10-2009