IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 8274 of 2009 Between: Mudragada Appala Narayana, s/o. Late Apparao, R/o. Near Sivalayam, Padmanabham Village and Mandal, Visakhapatnam District. ..... PETITIONER AND 1 The Station House Officer, Padmanabham Mandal, Padmanabham, Visakhapatnam District. 2 The Superintendent of Police, Visakhapatnam Rural, Visakhapatnam District. 3 Reddipalli Lakshmana Rao, S/o. Late Chandrayya, R/o. Marribanda Village, Reddipalli Panchayat, Padmanabham Mandal, Visakhapatnam District. 4 Sunkara Appa Rao, Father's name not known to the Petitioner, R/o. Sunkarapeta Village, Reddipalli Panchayat, Padmanabham Mandal, Visakhapatnam District. 5 Sangu Govinda Rao, S/o. Late Suryanarayana, H.No. 1/75, Dankada Village and Mandal, Vizianagaram District. 6 Sangu Radha Devi, W/o. Govinda Rao, H.No. 1/75, Dankada Village and Mandal, Vizianagaram 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 declaring the action of the respondents 1 and 2 in not taking action against the respondents 3 to 6 for their criminal acts of trespass into the petitioner's property and demolishing the thatched house in an extent of 3 acres in Sy.No. 494/6 of Reddipalli Village, Padmanabham Mandal, Visakhapatnam District, in spite of civil court's decree dated 3-7-2008 in O.S.No. 380 of 2007 on the file of the Junior Civil Judge, Bheemunipatnam, which became final and in spite of written complaint dated 26-1-2009, as illegal, arbitrary, unjust and against constitutional guarantee and to consequently direct the respondents 1 and 2 to render necessary police help to the petitioner and to enforce the decree of the said civil court. Counsel for the Petitioner:MR.K.SARVA BHOUMA RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: Questioning the action of the respondents 1 and 2 in not taking any action against respondents 3 to 6 for their criminal acts of trespass into his land and demolishing the thatched house in an extent of Ac.3.00 in Sy.No.494/6 of Reddipalli Village, Padmanabham Mandal, Visakhapatnam District in spite of Civil Court’s decree dated 3.7.2008 in O.S.No.380 of 2007 on the file of the Junior Civil Judge, Bheemunipatnam, the petitioner filed this writ petition. Even though time is granted to the learned Government Pleader no instructions are reported. However, the learned counsel for the petitioner sought permission of the court to withdraw the writ petition with liberty to approach the competent civil court seeking police protection. In the circumstances, permission is granted and the writ petition is dismissed as withdrawn with liberty as prayed for. N.V.RAMANA,J Dt.30.4.2009 msv