IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 26203 of 2008 Between: Dasu Ruthu, W/o. Late David Raju, D.NO. 3-215, 3rd Ward, Avanigadda, Krishna District. ..... PETITIONER AND 1 The Station House Officer, Koduru Police Station, Krishna District. 2 The Deputy Superintendent of Police, Avanigadda, Krishna District. 3 The Superintendent of Police, Krishna District. 4 The Joint Collector, Krishna District at Machilipatnam. 5 Dasi Azi Babu, S/o. NOt Known to the Petitioner, R/o. Puligadda Village, Avanigadda, Krishna District. .....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 Writ of Mandamus declaring the action of the 1st respondent in not registering the crime action against the 5th respondent is illegal, arbitrary and violation of Article 14, 16, 21 of the Constitution of India and consequently direct the 1st and 3rd respondent to give police protection to the petitioner and his family from the 5th respondent and his henchman and pass Counsel for the Petitioner:MR.VENKATA RAGHU MANNEPALLI Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 26203 O F2008 ORDER: This writ petition is filed seeking a mandamus declaring the action of the 1st respondent in not registering crime against the 5th respondent as arbitrary, illegal and violation of Article 14,16 and 21 of the Constitution of India and consequently direct the 1st and 3rd respondent to give police protection to the petitioner and his family from the 5th respondent and his henchman. It appears the petitioner is widow. Her husband died in an accident in the year 2003. The petitioner is cultivating the lands to an extent of Ac.2-00 gt. In Survey Nos. 56/4, 102/6, 102/7 and 102/8 at Peddagudumuttu village, Koduru Mandal in Krishna District and Ac.0-46 cents in Survey No. 23/7 in Mandapokala village, Koduru Mandal, Krishna District. It is the case of the petitioner that some unsocial elements, goondas trying to occupy her land. She reported the matter before the Koduru Police Station on 9-7-2003. Subsequently, she got issued a legal notice through her counsel on 7-6-2006. The Avanigadda Tahsildar issued a notice to the petitioner on 16-4-2008 to attend along with the documents before him on 29-4-2008. She approached the SC and ST Commission of Andhra Pradesh for protection. On the direction of the commission, the respondents conducted 145 Cr.P.C. proceedings in the village. Though the petitioner approached the said Inspector of Police, Koduru and the Superintendent of Police, Krishna District, nothing happened in the matter. Therefore, this writ petition. There is no necessity of going into all the details. The respondent No.1 filed a detailed counter stating that during the enquiry it was revealed that the husband of the petitioner by name David Raju died in the year 2003 at Koduru Mandal. The petitioner is living at Avanigadda and has also wet land of Ac.2-00 gt and 0-46 cents at Mandapokala village, Koduru Mandal, Krishna District. The said wet land is being enjoyed by the petitioner and her family members. The brother of the petitioner’s husband are at present living at Ambernadh, Mumbai and living by doing respectable jobs at Mumbai and left along with family members. In the Enquiry it is further revealed that they did not interfere with the petitioner’s land and the allegations made by the petitioner are false and baseless and further enquiry revealed that the petitioner is in the habit of putting up petitions to higher officer to gain sympathy. In view of the above, this writ petition is disposed of directing the respondents 1 and 2 to provide protection, if any necessary, whenever the petitioner approaches the respondent police. Accordingly this writ petition is closed. No order as to costs. _____________________ Justice C.V. Ramulu 23rd December, 2008. KM THE HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 26203 O F2008 23rd December. 2008