IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4523 of 2009 Between: B. Sreenivasa Rao, S/o. Rangaiah, H.No. 3-352/1/B, Nayanagar, Kodad, Nalgonda District.s ..... PETITIONER AND 1 The Station House Officer, Kodad Police Station, Kodad, Nalgonda District. 2 Oruganti Narayana Rao, S/o. Pullaiah, D.No. 11-140m Azad Nagar, Kodad, Nalgonda District. ....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 issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 1st respondent; i) In interfering with the Civil disputes between the petitioner and 2nd respondent by giving aid to the 2nd respondent in making construction in the site in Sy.No. 150/AA to an extent of 142 Sq. yds situated at Kodad, Nalgonda District; ii) In not taking action on the complaint dated 02-03-2009 made by the petitioner against the 2nd respondent as illegal, arbitrary and violative of Article 21 of the Constitution of India and consequently direct the 1st respondent not to interfere with the civil disputes between the petitioner and 2nd respondent and take action on the complaint dated 02-03-2009 made by the petitioner against the 2nd respondent. Counsel for the Petitioner:MR.B.VIJAYA BHASKER Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: This writ petition is filed by the petitioner aggrieved by the action of the 1st respondent – Station House Officer, Kodad Police Station in interfering with the civil disputes between himself and the 2nd respondent and not registering the case on the complaint given by him on 2.3.2009 against the 2nd respondent. In response to the writ allegations, the 1st respondent – Sub Inspector of Police, Kodad Police Station has filed a counter affidavit inter alia stating that the petitioner herein has lodged a complaint for the offence under Section 323 and 506 IPC and since the said offence is a non-cognizable offence and required permission of the Court under Section 155(2) Cr.P.C.he filed a requisition before the Court on 3.3.2009 and obtained permission to proceed with the case. It is stated that the investigation is pending and necessary action will be taken against the accused, who is the 2nd respondent herein, depending upon the evidence adduced during the course of investigation and a final report/charge sheet will be filed before the court at the earliest. It is further stated that the 2nd respondent has also lodged a complaint against the brother of the petitioner herein on 1.3.2009 and a case in Cr.No.52 of 2009 under Sections 447 and 506 IPC was registered and investigated into. The other allegations levelled by the petitioner are denied. In view of the above counter averments, I see no reason to interfere in the matter and the same is closed recording the said averments. N.V.RAMANA,J Dt.26.3.2009 msv