IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.28214 of 2007 Between: 1 Sri Monra Nagesh S/o Late Pentaiah. 2 Sri Monra Shiva Kumar S/o late Pentaiah. 3 Sri Monra Yadagiri S/o late Pentaiah. 4 Sri Monra Krishna S/o Pentaiah. 5 Sri Monra Srisailam S/o Balaiah. All are R/o 3-4-29 & 30, Hyderguda Village, Rajendranagar Mandal, Ranga Reddy District. ...PETITIONERS AND 1 The Police Commissioner Cyberabad, Lakdi-ka-pool, at Hyderabad. 2 The Assistant Commissioner of Police Rajendranagar Division, Cyberabad Commissionerate at Rajendranagar, Ranga Reddy District. 3 The Station House Officer, Rajendrangar Police Station, at Rajendranagar, Ranga Reddy District. 4 Sri Dhangari @ Sulige Vittal S/o Late Balaiah. 5 Sri Dhangari @ Sulige Mallaiah S/o late Balaiah. Sl. Nos. 4 and 5 are R/o Plot No. 195, Venkateshwara Colony, Upperapalli, Rajendranagar Mandal, Ranga Reddy 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 an appropriate Writ, Order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the respondents 1 to 3 herein in interfering with the peaceful possession of the petitioners herein over the land in Sy. no. 195 admeasuring Ac. 1-19 gts, of upparpally Village, Rajendranagar Mandal, Ranga Reddy District as unauthorized, illegal, arbitrary, unreasonable, violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents 1 to 3 not to interfere with the peaceful possession of the petitioners over the land in Sy. No. 195 admeasuring ac. 1-19 gts. situated at Upparapally Village, Rajendranagar Mandal, R.R. District and pass such other order or orders as the Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioners: MR.A.RAVINDER REDDY Counsel for the Respondents: GP FOR HOME The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.28214 of 2007 ORDER: This Writ Petition is filed for a Writ of Mandamus to declare the action of respondents 1 to 3 in interfering with the peaceful possession of the petitioners in respect of Ac.1.19 gts comprised in Survey No.195 in Upparpally Village, Rajendranagar Mandal of Ranga Reddy District as illegal and arbitrary. The petitioner also sought for a consequential direction to respondents 1 to 3 not to interfere with his possession of the said property. Heard Sri A.Ravinder Reddy, learned counsel for the petitioner and the learned Assistant Government Pleader for Home and perused the record. The petitioners, in their affidavit, alleged that there are disputes in respect of title to the above mentioned property in between them and respondents 4 and 5. They further allege that at the instance of respondents 4 and 5, respondent No.3 has been interfering with the property disputes by calling the petitioners to the Police Station under the threat of registration of a criminal case and obtained signatures on white papers. The petitioners assailed the said action of respondent No.3 in this Writ Petition. In the counter affidavit filed by respondent No.3, he denied his or his subordinate officers calling the petitioners to the Police Station and their interference in the civil dispute relating to the above mentioned lands. He also denied taking any signatures of the petitioners on white papers. In view of the specific denial by respondent No.3 of the allegations made by the petitioners and in the absence of any evidence in support of the petitioners of allegations against respondent No.3, it is not possible for this Court to adjudicate on the same while exercising jurisdiction under Article 226 of the Constitution of India. The Writ Petition is, therefore, disposed of placing on record the stand of respondent No.3 that he is not interfering with the private disputes relating to the above mentioned land. Liberty is given to the petitioners to approach the jurisdictional Magistrate if respondent No.3 or his subordinate officers interfere with the civil disputes in future. _______________________ (C.V.NAGARJUNA REDDY, J) 10th March 2008 RRB