IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5081 of 2009 Between: 1 Pappala Gourieswara Rao S/o. Narasimha Murthy R/o. D.No.39-16-54, Flat No. TF-2, Bangaramma Residency, Madhavadara, Visakhapatnam City & Dist. 2 Sanapala Appala Raju S/o. Late Seetha Ramaiah R/o. Vamshi Nagar, Madhavadara, Visakhapatnam City & Dist. ..... PETITIONER(S) AND 1 State of Andhra Pradesh Rep. by its Principal Secretary to Home Department, Secretariat, Saifabad, Hyderabad. 2 Commissioner of Police Visakhapatnam City. 3 Sub-Inspector of Police V Town Police Station Kancharapalem, Visakhapatnam City. 4 Madhusudan Nanda S/o. Godabarish Nanda R/o. Qts. No.52/1, Ashok Park, 9 IRSD Area, Kancharapalem, Visakhapatnam City. .....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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in insisting the petitioners to give up suit claim and vacate from flat property bearing flat No. TF-2, D.No. 39-16-54, Bangaramma Residency, Madhavadara, Visakhapatnam City as illegal, irregular, without jurisdiction and offends Articles 14, 19 and 300-A of Constitution of India and Consequently direct the Respondents not to interfere in any manner with the peaceful possession and enjoyment over flat property. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: This writ petition is filed by the petitioners aggrieved by the action of the official respondents in insisting them to give up the suit and to vacate from the residential flat bearing flat No.TF-2, D.No.39-16-54, Bangaramma Residency, Madhavadara, Visakhapatnam City. Heard the learned counsel for the petitioners and the learned Government Pleader for Home. In response to the writ allegations, the Sub-Inspector of Police, Kancharapalem Police Station, Visakhapatnam City, the 3rd respondent herein has filed a counter affidavit inter alia denying the allegations levelled by the petitioners against him. It is stated that no complaint whatsoever is received or registered against the petitioners herein and that he never summoned or asked them to vacate the flat property as alleged in the writ petition. It is also stated that he never sent any police constables to the residential address of the petitioners and abused the inmates in the house. To settle the personal scores with the 4th respondent, the petitioner filed this writ petition leveling baseless allegations against the police and the dispute between the petitioners and the 4th respondent is purely civil in nature and the police are in no way concerned with the same. In view of the above counter averments, I see no reasons to interfere in the matter and the writ petition is closed recording the counter averments. N.V.RAMANA,J Dt.30.3.2009 msv