IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 718 of 2005 Between: 1 Ganapathiraju Sree Rama Raju, s/o late Venkata Subba Raju, r/o Ugginapalem Village, Kasimkota Mandal, Visakhapatnam. 2 Velagala Soma Subrahmanya Durga Ram Prasad, s/o Sri Rama Reddy, r/o Marteru Village, Visakhapatnam District. 3 Ganapathiraju Venkata Seetharama Raju, s/o Suryanarayana Raju, r/o D.No.50-117-17/10, Hill View Layout, Seethammadhara NE, Visakhapatnam. 4 Madunuri Rama Raju, s/o Naga Raju, r/o Attreyapuram Village, E.G.District. 5 Angitapalli Veera Venkata Satyanarayana Reddy, s/o China Yerukula Reddy, r/o Flat No.F1, Balaji Enclave, Prakashnagar, Rajahmundry, E.G.District. 6 Medapati Sreenivasa Reddy, s/o Sarreddy, r/o Voobalanka,Ravulapalem Mandal, East Godavari District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad 2 Inspector of Police, Bhimili, Visakhapatnam. .....RESPONDENT(S) 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 to issue a writ, order or direction more particularly one in the nature of a writ of mandamus, declaring the action of the 2nd respondent is ultra vires, illegal, arbitrary and unconstitutional and direct the 2nd respondent not to interfere in Civil disputes particularly with Lawful and peaceful possession and enjoyment of the property of the petitioners by not considering Judicial order dated 18-01-2005 in I.A.No.10 of 2005 in O.S.No.16 of 2005 passed by the II Additional Senior Civil Judge, Visakhapatnam and without any report against them and pass such other order or orders Counsel for the Petitioner:MR.S.V.R.SUBRAHMANYAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.718 of 2005 ORDER: It is the case of the petitioners that they filed a suit O.S.No.16 of 2005 on the file of the II Additional Senior Civil Judge, Visakhapatnam and obtained interim injunction in I.A.No.10 of 2005 on 18-01-2005 restraining the defendants therein from interfering with the suit schedule property till 11-02- 2005. It is stated that inspite of the civil court order, the 2nd respondent is interfering with the civil disputes, which are pending between the petitioners and the defendants in the said suit. It is not known as to whether the injunction order has been extended or not and the said suit is still pending or not. However, if there is any injunction order from the civil court, it is for the petitioners to obtain appropriate orders from the concerned court itself for rendering necessary police protection. If the suit is finally disposed of granting injunction in favour of the petitioners, it is for the petitioners to seek appropriate police protection by making representation before the authority concerned. But, however, the police cannot interfere with the civil disputes without there being any complaint disclosing cognizable offence and unless FIR is registered. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent not to interfere with the civil disputes without following due process of law. There shall be no order as to costs. ___________ 01-05-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}