HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1885 of 2011 Date : 09.02.2011 Between : M.Subbamma. …..Petitioner And The Superintendent of Police, Kadapa District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.1885 of 2011 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents 2 and 3 in interfering with the petitioner’s rights over the house bearing Door No.4-1-459 of Mahaboob Nagar street in Madakalavaripalli Badvel Town in Y.S.R. Kadapa District, at the instance of respondent No.4, as illegal and arbitrary. It is the case of the petitioner that she is the owner and possessor of the aforesaid house property. It is her grievance that in view of increase of property values at Badvel town after upgrading it as Municipality, at the instance of respondent No.4, respondent No.3 is interfering with her rights over the said property and directing her to vacate the same. On instructions, it is submitted by the learned Government Pleader appearing for respondents that one Sri Yadala Peeraiah S/o. Venkatasubbaiah, resident of H.No.4-1-907, Nellore road, Badvel, has approached the Police on 01.02.2011 and lodged a complaint against the petitioner and others, stating that the complainant has purchased the house bearing Door No.4-1-459 at Anjaneyanagar in Badvel town, from one Mr.Ramireddy Kondareddy gari Chinna Subbareddy, for a sale consideration of Rs.14,50,000/-, and paid an amount of Rs.10,50,000/- as advance, and locked the said house. It is stated that on 01.02.2011 at about 10 a.m., the petitioner and others criminally trespassed into the said house, broken the lock and threatened the complainant and others. It is stated that basing on such complaint, a case is registered in Crime No.20/2011 for the offences under Sections 448, 420, 506, 509 r/w.34 of IPC on the file of Badvel Urban Police Station on 01.02.2011. It is stated that during the course of investigation, the petitioner, who is accused No.1, was arrested and remanded to judicial custody and investigation is going on. With regard to allegation of petitioner that Police are trying to evict her, it is stated that the respondents have never asked the petitioner to vacate the said property in order to hand over the same to the 4th respondent. When Police are investigating into Crime No.20/2011, it cannot be said there is interference by them with the property in question. As much as it is submitted by the learned Government Pleader that they are not insisting the petitioner to vacate the house in question, I deem it appropriate to dispose of the writ petition placing on record such statement of the learned Government Pleader and keeping it open to the respondents to make independent investigation in Crime No.20/2011. It is also made clear that no finding is recorded in this order with regard to the possession of the house in question either by the petitioner or any other person. Subject to the above directions, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 9th February 2011 ajr