HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.31527 of 2010 Date : 21.02.2011 Between : Taluri Sivalingam. …..Petitioner And The Sub-Inspector of Police, Allagadda Police Station & others. ....Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.31527 of 2010 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents 1 and 2 in preventing him from constructing the house in his land admeasuring 11 cents in Cholamaiah street in Allagadda town of Kurnool District, as per the proceedings of the Grampanchayat, dated 30th October 2010, as illegal and arbitrary. It is the case of the petitioner that he is the owner of site admeasuring 11 cents in Allagadda town of Kurnool District. It is stated in the affidavit that after obtaining permission from the Grampanchayat, when he was constructing house in the aforesaid land, there was interference by respondents 1 and 2 at the instance of respondent No.3. Precisely, it is the case of the petitioner that as much as the dispute between him and the 3rd respondent is of civil nature, respondent-Police have no jurisdiction to interdict the constructions being made by him. Counter affidavit and additional counter affidavits are filed on behalf of respondents. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that the respondents are not interfering with the constructions being made by the petitioner. It is stated that they neither summoned the petitioner at any point of time nor directed him to stop the constructions. In the additional counter affidavit, it is stated that on receipt of credible information that there was likelihood of causing breach of peace between the petitioner herein and others with regard to the land in question, a case was registered in Crime No.26 of 2010 under Section 145 Cr.P.C. on the file of Allagadda Police Station on 04.04.2010 and a report was sent to the Mandal Executive Magistrate, Allagadda. In the additional counter, it is further stated that by oversight, the said fact was not mentioned in the earlier counter filed on 24.01.2011. Although it is the case of the petitioner that there is interference by Police in the civil dispute, in the counter affidavit and additional counter affidavits, the respondents have categorically denied their interference with the constructions being made by the petitioner. In the absence of any material to show that respondents 1 and 2 have interfered with the constructions made by the petitioner, no direction can be granted as prayed for in this writ petition. However, in view of the submission made by respondents 1 and 2 that they are not interfering with the constructions of the petitioner and that the petitioner was not summoned to the Police Station, I deem it appropriate to dispose of the writ petition, placing on record such submission and also keeping it open for the competent authority to pass appropriate orders in the proceedings initiated under Section 145 Cr.P.C. in Crime No.26 of 2010 on the file of Allagadda Town Police Station. Subject to the above observations, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 21st February 2011 ajr