HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.33125 of 2010 Date : 07.03.2011 Between : Boddu Siva Parvathi. …..Petitioner And The Government of A.P., rep. by its Principal Secretary, Home Department & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.33125 of 2010 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in interfering with her possession and enjoyment of the house bearing Door No.8-19-1/515, 1st line, beside railway wall, Arundathi Nagar, Guntur, as illegal and arbitrary. In the writ petition, it is the grievance of the petitioner that she is in possession of the aforesaid house and is residing therein with her sister and widowed mother and is also paying the municipal tax. It is stated that there are civil disputes between her and third parties and that the respondent-Police are interfering in the said civil disputes and are insisting her to vacate the house. Contending that the respondent-Police have no authority or jurisdiction to interfere with the civil disputes pending between her and the third parties, this writ petition is filed. The 4th respondent-Inspector of Police, Patha Guntur, has filed counter affidavit. In the counter, while denying the various allegations made by the petitioner, it is stated that one Yeminedi Venkata Siva Rao had lodged a private complaint before the VI Additional Munsiff Magistrate, Guntur, stating that he had purchased the house belonging to the petitioner and that the petitioner requested the complainant that she may be permitted to stay in the property until she gets another house. As per the said request, the complainant permitted the petitioner to stay in the house, but the petitioner locked the house and resided elsewhere, and when the complainant asked the petitioner to hand over the said house, the petitioner and one Abburi Vijaya Lakshmi had threatened the complainant. It is stated that based on the reference made by the Court under Section 156(3) Cr.P.C., a case is registered in Crime No.8 of 2011 for the offences under Sections 420, 506, 341 and 406 of IPC and they are investigating the matter. In the counter, it is categorically stated that the respondents are not interfering with the civil dispute with regard to the house bearing No.8-19-1/515. Although it is the allegation of the petitioner that there is interference by the respondents, from the averments made in the counter, it is clear that the respondents are investigating into Crime No.8 of 2011, registered on the reference made by the Court under Section 156(3) Cr.P.C. When the respondents are investigating into the crime, the same cannot be termed as interference. However, with regard to possession of petitioner, it is categorically stated that respondents are not interfering with the civil dispute with regard to the house bearing No.8-19-1/515, situated at 1st line, beside railway wall, Arundathi Nagar, Guntur. In view of the categorical averment made in the counter affidavit that the respondents are not interfering with the possession of petitioner over the house in question, I deem it appropriate to dispose of the writ petition, placing on record such statement made by the respondent-Police. Subject to the above observations, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 7th March 2011 ajr