IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.2510 of 2005 Between: 1 Macherla Jogaiah S/o. Late Peraiah All are Agriculturists R/o. Donthikunta Village, Aswaraopeta Mandal, Khammam District. 2 Macharla Venkatesu S/o. Peraiah All are Agriculturists R/o. Donthikunta Village, Aswaraopeta Mandal, Khammam District. 3 Macharla Muthyam S/o. Late Peraiah All are Agriculturists R/o. Donthikunta Village, Aswaraopeta Mandal, Khammam District. ..... PETITIONERS AND 1 State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, Khammam District, Khammam. 3 Sub-Divisional Police Officer, Sathupalli Division, Sathupalli Mandal, Khammam District. 4 Station House Officer, Aswaraopet Police Station, Aswaraopet Mandal, Khammam District. 5 The Mandal Revenue Officer, Aswaraopet Mandal, Khammam District, 6 Punam Kannaiah S/o Narsaiah R/o. Gangarao H/o. Vutlapalli, Aswarapetta Mandal, Khammam District. 7 Mullapudi Krishna S/o. Ramaiah R/o. Aswaraopet, Khammam District. .....RESPONDENTS 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 writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not initiating any action on the report dt. 30-1-2005 is illegal, irregular and offends the provisions of the Articles 14, 21, and 300-A of the constitution of India and violative of provisions of Code of Criminal Procedure and consequently direct the respondents 1 to 5 to take necessary action against the 6th and 7th respondents and his followers on the said report and to protect the lives, liberty and properties of the petitioners in the interest of Justice and pass such other order or orders as deem fit and proper. Counsel for the Petitioner: MR.KILARUKHADER BABA Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{VSMI} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.2510 of 2005 O R D E R: The case of the petitioners is that they are the owners of the land of an extent of Ac.15.00 in Sy.Nos.947, 948 and 949 of Aswaraopet village and they have raised cashew nut garden in the said land. It is stated that when the cashew nut was ready for harvest in January, 2005, the respondents 6 and 7, with the support of the tribals, tried to take away the cashew nut using physical force, stating that the petitioners are non-tribals and they have to leave the land to tribals. It is stated that they have given a warning to vacate the garden and hence a report dated 30.01.2005 stated to have been made by the petitioners before the 4th respondent requesting him to take action against the unofficial respondents 6 and 7 and also to give protection to their property. In the present writ petition no stay was granted and no counter is forthcoming. None appears for the petitioner. If the police have not taken any action on the report of the petitioners dated 30.01.2005, it is always open for the petitioners to file a private complaint and get it registered or make a representation before the superior officers of the 4th respondent. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of, permitting the petitioners to make a fresh representation before the superior officers of the 4th respondent for taking appropriate action on their report dated 30.01.2005. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 30.04.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 The Superintendent of Police, Khammam District, Khammam. 3 Sub-Divisional Police Officer, Sathupalli Division, Sathupalli Mandal, Khammam District. 4 Station House Officer, Aswaraopet Police Station, Aswaraopet Mandal, Khammam District. 5 The Mandal Revenue Officer, Aswaraopet Mandal, Khammam District, 6.2CCs to 7.2CD copies