THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.13285 OF 2010 Dated 4th August, 2010 Between: G.Seshachalam …Petitioner And The State of A.P.rep. by Chief Secretary and 13 others …Respondents Counsel for the petitioner : Sri G.Purushotham Reddy Counsel for respondents 2, 4 and 5: AGP for Home Counsel for respondents 1, 3, 6 to 14: None appeared The Court made the following ORDER: This writ petition is filed for a Mandamus to declare the inaction of respondents 4 to 8 in acting on the petitioner’s complaints dated 04.06.2010 and 05.06.2010 in respect of land admeasuring Ac.6.96 cents in Survey No.315 of Pasupula Village, Kurnool Mandal and District as illegal, arbitrary and unconstitutional. The petitioner claims to be the owner of the abovementioned land with respect to which there is a dispute between him and the Government leading to the petitioner filing Writ Petition No.7662 of 2010 and this Court disposing of the same by order dated 08.04.2010. For the purpose of disposal of this writ petition, the details of the said dispute need not be referred. It will suffice to note that the grievance of the petitioner is that in order to deprive him of enjoyment of the land, at the instance of certain political leaders, respondents 9 to 14 and some others have forcibly entered a part of the abovementioned land and put up certain temporary structures. Immediately thereafter the petitioner lodged a report in respondent No.5-Police Station. The said report is registered as FIR No.135 of 2010 on 06.06.2010 against some of the private respondents herein. The petitioner, however, wants the police to take further action for removal of the structures from the private land. After hearing Sri G.Purushotham Reddy, learned counsel for the petitioner and perusing the record, I am of the opinion that such a relief cannot be granted because the police have already taken action as permissible in law by promptly registering a criminal case for the offence of criminal trespass. While the petitioner is entitled to get the said case pursued and it is the duty of the police to make proper investigation of the case and take appropriate steps in accordance with the provisions of the Code of Criminal Procedure, 1973, they cannot be compelled to force the illegal occupants out of the property as such an action falls outside the domain of their powers. The learned counsel for the petitioner submitted that the petitioner has already filed a civil suit for declaration of title and consequential reliefs and that the same is pending. The petitioner is therefore entitled to pursue the said remedy. For the abovementioned reasons, no relief can be granted to the petitioner and the writ petition is accordingly dismissed. As a sequel to dismissal of main petition, WPMP No.16751 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 4th August, 2010 vrn