IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE 23rd DAY OF APRIL, TWO THOUSAND EIGHT ONLY WRIT PETITION No.27963 of 2007 Between: Rajolu Sivaramireddy. … Petitioner And Government of Andhra Pradesh, Reptd., by its Director General of Police, Saifabad, Hyderabad and three others. … Respondents Counsel for the petitioner: Sri V.Nitesh Counsel for the respondents: AGP for Home. This Court made the following: ORDER: This Writ Petition is filed for a Writ of Mandamus to declare the action of respondents 3 and 4 in interfering in civil disputes, as illegal and unconstitutional. In his affidavit the petitioner averred that in connection with the sale transaction in respect of Ac.2.39 cents of land between him and one Sri Malepati Subba Rangaiah and his son Sri Malepati Sai Kumar, disputes arose between them leading to filing of O.S.No.116 of 2006 on the file of the Senior Civil Judge, Proddatur for specific performance of agreement of sale by the petitioner against the said persons. The petitioner alleged that respondent No.3 is a close friend of the said two persons and on being influenced by them; respondent No.3 has been interfering in the civil disputes. Besides the same, on the complaint received by respondent No.3, he forwarded the same to respondent No.4, who registered Crime No.81 of 2007 against the petitioner for the offences punishable under Sections 420, 447, 427 and 506 read with Section 34 IPC. It is further alleged that on the influence of respondent No.3, respondent No.4 registered another criminal case, vide: Cr.No.94 of 2007 on 15-12-2007 for the offences punishable under Sections 143, 447, 379, 506 read with Section 34 IPC. The petitioner also alleged that respondent No.3 along with his subordinates entered into the petitioner’s land on 15-12- 2007, forcibly took away the paddy crop and handed over the same to the said Subbarangaiah by keeping ten bags of paddy in the Police Station. The petitioner is aggrieved by the persistent action of respondent No.3 in calling him to the Police Station. Respondent No.3 has not filed any counter- affidavit. However, respondent No.4, in his counter- affidavit, denied the allegations made by the petitioner. He, however, admitted registration of two criminal cases against the petitioner. He also stated that except registration of crimes on the basis of the complaints, which are cognizable in nature; the Police have not interfered in the civil disputes in question or forced the petitioner to compromise the pending civil suit. It is worthwhile to notice that though serious allegations have been made against respondent No.3, he has not filed any counter-affidavit. In the face of such serious allegations, respondent No.3 is expected to file a counter-affidavit, but, instead, respondent No.4, who ventured to file the counter-affidavit, denied the serious overt-acts attributed to respondent No.3. No reasons are forthcoming for failure of respondent No.3 to file a counter-affidavit. In the absence of denial of allegations by respondent No.3, no credence can be given to the averments contained in the counter-affidavit filed by respondent No.3, qua, the serious allegations made against respondent No.3. In this view of the matter, I have no reason to disbelieve the correctness of the allegations made by the petitioner in his affidavit. The conduct of respondent No.3 in interfering in the civil disputes deserves to be deprecated. He is warned not to repeat his misdemeanor in future by interfering in the civil dispute between the petitioner and the III party, viz., Malepati Subba Rangaiah. If, in future, he repeats such acts, the petitioner is at liberty to bring the same to the notice of this Court. Subject to the above observations, the Writ Petition is disposed of. Registry is directed to communicate, forthwith, a copy of this order to the concerned DIG for information and taking appropriate action in the matter. --------------------------------------- C.V.NAGARJUNA REDDY,J 23-4-2008 MNR