IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18486 of 2008 Between: 1 Md. Abdul Ameer Jani S/o. Raheem Dada saheb R/o. 19-7-118, Kamsalipeta Main Road, Near Railway Gate, Vijayawada. 2 Md. Abdul Salam, S/o. Md. Abdul Ameer Jani R/o. 19-7-118, Kamsalipeta Main Road, Near Railway Gate, Vijayawada. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep. by The Commissioner of Police, Vijayawada Commissionerate Opp. State Guest House, Vijayawada. 2 The Circle Inspector, Governorpet P.S., (III Town P.S.), Vijayawada. 3 The Sub-Inspector of Police, Governorpet P.S., (III Town P.S.), Vijayawada. .....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 an appropriate writ, order or direction particularly in the nature of writ of mandamus by declaring the action of the respondents in interfering in civil matters and directing the petitioners to withdraw O.S.No.1174/2008 (III Addl. J.C.J.), Vijayawada and W.P.No.9498/2005, on the file of this Hon'ble Court, as illegal and arbitrary and consequently direct the respondents to act in legal manner and not to interfere in Civil Matters, and pass Counsel for the Petitioner:MR.T.S.RAYALU Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: It appears the grievance of the petitioner is that the respondents are interfering into the civil disputes between the petitioners and third party i.e., Shaik Habibunnisa. According to the petitioners, they have filed O.S.No.1174 of 2008 on the file of the Court III Additional Junior Civil Judge, Vijayawada, and a writ petition before this Court in W.P.No.9498 of 2005 seeking to direct the respondents not to interfere into the possession of the suit mulgi (shop). The petitioners had also obtained status-quo orders in the suit against the said Shaik Habibunnisa and others. According to the petitioners, the respondents are not supposed to interfere into the civil dispute between the petitioner and the third parties. A detailed counter-affidavit had been filed by the respondents denying the allegations made by the petitioners and further asserting that they never interfered into the civil disputes between the parties or they have pressurized the petitioners to withdraw O.S.No.1174 of 2008 on the file of the Court of II Additional Junior Civil Judge, Vijayawada or W.P.No.9498 of 2005 before this Court. Further, the police suo motu invoked the provisions of Section 145 Cr.P.C. and the same is pending before the Sub-Divisional Magistrate as of now. Under those circumstances, the writ petition is disposed of directing the respondents not to interfere with the civil disputes pending between the petitioner and third parties. However, this order will not preclude the petitioner from working out the remedies as available under law as to the proceedings pending under Section 145 Cr.P.C. before the Sub-Divisional Magistrate. No order as to costs. __________________ 18th November, 2008 SKM