IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21394 of 2003 Between: Yerra Kondamma, D/o. Late Mariadas, R/o.D.No.1-58-9/3, M.V.P.Colony, Visakhapatnam. ..... PETITIONER AND 1 The Commissioner of Police, Visakhapatnam. 2 The Station House Officer, III Town Police Station, China Waltair, Visakhapatnam. 3 Rajaka Abhyudaya Sangham, Rep. by its President Shri Bangaraiah, Sector-II, M.V.P.Colony, Visakhapatnam. .....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 to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus by declaring that the action of the respondents 2 & 3 in interfering with peaceful possession and trying to dispossess the petitioner and not taking action on representation & against Respondent No.3 is illegal and arbitrary and consequently direct the respondents 2 & 3 not to interfere with peaceful possession of the house bearing Door No.1-58-9/3, MVP Colony, Visakhaptnam bounded by East : Drainage Canal (Gadda), West : Private site, North : Drainage Canal (Gadda) and South : Road without due process of law and to give proper protection to the petitioner and pass Counsel for the Petitioner: MR.K.V.SIMHADRI Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{ANURADHA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.21394 of 2003 ORDER: None appears for the petitioners. The petitioner seeks to issue a Writ of Mandamus, declaring the action of the respondents 2 and 3 in interfering with his peaceful possession and enjoyment of the house property bearing Door No.1-58- 9/3, MVP Colony, Visakhapatnam. The 2nd respondent-Sub Inspector of Police, III Town Police Station, Visakhapatnam filed counter stating that the police never interfered with the civil disputes existing in between the petitioner and the 3rd respondent and never tried to dispossess the petitioner from the house in question. But it is stated that one G.Bangarayya filed a complaint on 22.10.2003 stating that the petitioner along with one P.V.Narayana and some others threatened him to vacate the disputed site and also threatened him with dire consequences, and basing on the said complaint, a case was registered in Cr.No.303/2003 under Secs.447, 506, 509 r/w.34 of IPC against the petitioner and others. The petitioner did not question the registration of the said crime. The police discharged their duties in registering the complaint filed by one G.Bangarayya against the petitioner and others, but they never interfered with the civil disputes existed in between the petitioner and 3rd respondent. Having regard to the facts and circumstances of the case, the petitioner is not entitled for any relief. Accordingly, the Writ Petition is dismissed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 23.04.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Police, Visakhapatnam. 2 The Station House Officer, III Town Police Station, China Waltair, Visakhapatnam. 3 2. 2CCs to 4. 2CD copies