HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.16747 OF 2009 THURSDAY, THE 24TH DAY OF SEPTEMBER, 2009 Between: Borra Ramaiah @ Borra Raulu. …Petitioner. And: 1. The Govt. of A.P. Rep.by its Secretary, Department of Home , Secretariat, Hyderabad and others. ….Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.16747 OF 2009 ORDER: This Writ Petition is filed seeking to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 3 in interfering with the civil disputes and forcibly directing the petitioner to surrender the possession of land to the 4th respondent in S.No.62 to an extent of Ac.4.33 guntas situated at Morampally Banzar Village, Burampad Mandal,Khammam District to the 4th respondent, as illegal arbitrary, null and void. The case of the petitioner in brief is as follows: The petitioner purchased the land bearing Sy.No.62 of an extent of Ac.4.33 guntas situated at Morampally Banzar village, Burampad Mandal, Khammam District, from one Varsa Nagaiah the original pattadar on 21-04-1984 under a sale deed executed by him in favour of the petitioner and the name of the petitioner was mutated in the revenue records as possessor and owner thereof and he has been paying land revenue. The petitioner filed a civil suit in O.S.No.67 of 1987 on the file of the Agency Divisional Officer, Palvancha, Khammam District against the 4th respondent for perpetual injunction pertaining the land in question and the same was decreed on 24- 11-1992and aggrieved by which, the 4th respondent preferred an appeal in A.S.No.1 of 1992 on the file of the Agent to the Government, Khammam and the same was dismissed on 9-9-1992 on merits and aggrieved by which, the 4th respondent preferred Second appeal in S.A.No.483 of 1983 before this Court and the same was dismissed on 22-01-1997 at the admission stage itself. Subsequently, he received a notice dated 11-5-2009 from Sub- Collector’s office, Palvancha, Khammam District to attend his office on 23.5.2009 and answer to the petition filed by the 4th respondent seeking to restore the land in question to him by the petitioner. Accordingly, the petitioner appeared and answered to the notice and the same is pending enquiry and disposal. While the matter stood thus, on 4-8-2009, the 2nd respondent-Sub-Divisional Police officer, Kothagudem Division, called the petitioner and in the presence of the 4th respondent, respondents 2 and 3 i.e., Sub-Divisional Police Officer and Sub- Inspector of Police, respectively, warned the petitioner to hand over the land in question to the 4th respondent and execute a registered sale deed immediately. Then, the petitioner took his counsel to the 2nd respondent but the 2nd respondent-Sub- Divisional Police Officer again warned the petitioner. On 10-8- 2009, respondents 2 and 3 sent police constables to the petitioner to surrender possession of the land in question to the 4th respondent within ten days. Hence, the petitioner approached this Court. It is contended by the learned counsel for the petitioner that the petitioner was called by the police several times in connection the settlement with 4th respondent regarding the land in question and threatened him to surrender the land to the 4th respondent and hence, the petitioner seeks this Court to declare the action of the respondents 1 to 3 as illegal, arbitrary and null and void. Basing on the written instructions received by the Learned Government Pleader for Home, from the Police, he submitted that the 2nd and 3rd respondents-police neither called the petitioner to the Police Station at any point of time nor threatened the petitioner and advised the petitioner to settle the civil dispute with the 4th respondent. In view of the submissions made by the learned Government Pleader for Home and in view of the facts and circumstances of the case, the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. No costs. ________________________ Justice G.CHANDRAIAH Dated 24th September, 2009. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.16747 OF 2009 Dated 24th September, 2009.