THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 24653 OF 2008 Dated: 30-08-2011 Between: Smt. Parapati Anasuya ... PETITIONER AND The Inspector of Police, Tekkali, Srikakulam District and another ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 24653 OF 2008 ORDER: This writ petition is filed seeking directions by way of mandamus to declare the action of the respondents in interfering with the civil disputes with regard to agricultural lands admeasuring Ac.0.53 cents in Survey No.139/3; Ac.0.10 cents in Survey No. 139/9 and Ac.0.48 cents in Survey No.129/19, total admeasuring Ac.1.09 cents situate at Kothapeta Village and Panchayat, Kotabommali Mandal, Srikakulam District as arbitrary and illegal. The petitioner claims that she has acquired right over the property in question by virtue of Will dated 25-03-2004 executed in her favour by one Smt.G. Atchamma who is the sister of her mother. It is stated that when there is interference by one Smt. Dukka Yellamma and her sons along with the husband of Smt. Atchamma, she filed suit O.S No. 239 of 2008 before the learned Principal Senior Civil Judge, Srikakulam seeking declaration of title and consequential permanent injunction over the lands in question and that temporary injunction was granted in her favour in I.A No. 734 of 2008. It is the grievance of the petitioner that in spite of such an injunction granted by the trial Court, there is interference by the respondents herein at the instance of the defendants in the said suit. The Sub Inspector of Police, Kotabommali Police Station, the 2nd respondent herein has filed a detailed counter affidavit. Referring to criminal complaints filed by the said Dukka Yellamma and Dukka Yerrayya on 21-07-2008, it is stated that Crime No.106 of 2008 under Sections 447, 307 and 324 read with 34 of IPC and Crime No. 107 of 2008 under Sections 324, 324 read with 34 of IPC were registered and investigated into. It is also stated that when there was a law and order problem with regard to the disputed lands, the 2nd respondent registered a suo motu case in Crime No. 119 of 2008 under Section 107 of Cr.P.C and proceedings vide MC No. 11 of 2008, dated 28-08- 2008 were issued by the Sub Divisional Executive Magistrate binding over the parties. It is stated that except registration of crimes and investigation into the same, there is no interference by the police with the civil disputes. The averments made in the counter affidavit make it clear that there are civil disputes with regard to the title and possession of the lands in question. Though the petitioner claims to have filed a suit against certain individuals claiming declaration of title and permanent injunction, they are not made party respondents in this writ petition. In view of the fact that the petitioner has already filed a suit and in view of the averments made in the counter affidavit that there is no interference by the police with the civil disputes, no direction as prayed for by the petitioner can be granted in this writ petition. The writ petition is devoid of merits and is accordingly dismissed. No order as to costs. However, it is made clear that this Court has not expressed any opinion with regard to the possession of the petitioner or of the third parties. R. SUBHASH REDDY, J 30-08-2011 ks