HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25839 of 2009 Dated: 05-07-2010 Between: Nagendla Mohan Reddy. … Petitioner And The Circle Inspector of Police, Porumamilla P.S. & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25839 of 2009 ORDER: In this writ petition, the grievance of the petitioner is that at the instance of respondent No.3, who is his own brother, there is interference by respondents 1 and 2 with the constructions undertaken by him in the premises bearing Door Nos.12/362 and 12/363, situated at Porumamilla Grampanchayat and Mandal of Kadapa District. Though no counter affidavit is filed, based on the written instructions, it is submitted by the learned Government Pleader for Home that there is a dispute between the petitioner and his brothers Nagendla Lakshmi Reddy, Nagendla Pamuleti Reddy and the 3rd respondent herein, with regard to the house property bearing door Nos.12/362 and 12/363. It is stated that a civil suit is also pending in O.S.No.198 of 2009 on the file of the learned Junior Civil Judge, Badvel. It is stated that there was a complaint by the brother of the petitioner by name Lakshmi Reddy on 27.10.2009, stating that the petitioner and his brother criminally trespassed into his house and assaulted him and his wife. In that view of the matter, a case is registered in Crime No.157 of 2009 for the offences under Sections 447 and 323 of IPC on the file of Kalasapadu P.S. It is stated that in this connection, the investigation was made, but there was no interference with the constructions as stated by the petitioner. It is further stated that when a complaint was lodged with reference to the above said dispute over the house property, the petitioner and the complainant were called and instructed not to create any law and order problem. It is further stated that the Grampanchayat also issued notice, instructing to stop the constructions in door Nos.12/362 and 12/363 in block Nos.12 and 13, on the ground that the same is against the provisions of Section 121 of the Panchayathraj Act, 1994. So far as the respondent-Police are concerned, it is categorically stated that there is no interference with the constructions made by the petitioner and that a civil dispute is pending before the Court. The investigation, which is being done in Crime No.157 of 2009, which was registered on the complaint made by the brother of the petitioner by name Lakshmi Reddy, cannot be said that it is interference with the life and liberty of the petitioner. If a criminal complaint is filed alleging trespass against the petitioner, it is the lawful duty of the respondent-Police to inquire into the matter and investigate, but at the same time, as it is submitted by the learned Government Pleader appearing for respondents that there is no interference with the constructions made by the petitioner, placing on record such statement made by the learned Government Pleader, I close the writ petition. However, it is made clear that if there is any illegal construction, it is open for the competent local authority to take action in accordance with law. No order as to costs. ______________________ R. SUBHASH REDDY, J 5th July 2010 ajr