THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.23163 of 2008 DT.O8.09.2011 Between: M/s Sibar Media & Entertainment Limited, (A company incorporated under Indian Companies Act) having its registered office at VMC Sibar Disney Land Ajit Singh Nagar, Vijayawada Represented by its Managing Director Dr.K.Anil Kumar Son of K.Subbaian & Another … Petitioners And The Commissioner of Police, Vijayawada & 2 others … Respondents Counsel for the Petitioner: Sri P.Dharmesh Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.23163 of 2008 O R D E R: This writ petition is filed seeking a direction by way of Mandamus to direct the respondents 1 and 2 to discharge the duty and obligation by giving protection to enjoy the premises and possession over the land covered by R.S.No.17 (P), 18 (P), 19 (P), 20 (P), 21 (P), 22 (P), 23 (P), 24 (P), 25 (P), 26 (P), 27 (P), 28 (P) and 29 (P) admeasuring Ac.57.66 cents situated at Gunadala Village, Vijayawada city. It is the case of the petitioners that the 3rd respondent is the owner and possessor of the aforesaid land, which is leased to the petitioners for a period of 20 years to develop it as an amusement park. It is stated that pursuant to lease, petitioners were put in possession and have developed the area for amusement park, which they are running in the name of VMC Sibar Disney Land. It is the grievance of the petitioners that though they are in possession by virtue of the lease granted by the 3rd respondent and developed the same, there is interference by the members belonging to Communist Party of India (Marxist), Vijayawada. It is stated that in spite of their representation, no action has been taken by the respondents 1 and 2 to protect the possession of the petitioners. At the stage of admission, by order dated 17-11-2008, this Court granted interim direction to the respondents 1 and 2 to take steps to prevent persons from trespassing upon the lands covered in R.S.No.17 (P), 18 (P), 19 (P), 20 (P), 21 (P), 22 (P), 23 (P), 24 (P), 25 (P), 26 (P), 27 (P), 28 (P) and 29 (P) admeasuring Ac.57.66 cents situated at Gunadala Village, Vijayawada. When the matter is taken up today, it is submitted by the learned counsel for the petitioners that in view of the directions, respondents 1 and 2 have taken action and as of now there is no interference with the possession of the petitioners, as such, he has requested to dispose of the writ petition granting liberty to the petitioners to approach this Court, if there is any reoccurrence of interference by the respondents in future. It is represented by the learned Government Pleader for Home that based on the complaint of the petitioners a case is registered in Cr.No.454/2008 for the offences punishable under Sections 447, 143, 427 and 506 I.P.C, on the file of Payakapuram Police Station, and after completing the investigation a final report is filed and the same is taken on file in C.C.No.108/2010 and is pending before the learned I Metropolitan Magistrate, Vijayawada. In view of the submissions made by the counsel for the respondents that there is no interference now, I deem it appropriate to place on record such averments and dispose of the writ petition granting liberty to the petitioners to approach this Court in case of any reoccurrence of interference in future. Subject to the above, the writ petition is disposed of. There shall be no order as to costs. ____________________ (R.SUBHASH REDDY,J) DATE: 08.09.2011 Grk THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.23163 of 2008 DT.08.09.2011