IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF MARCH, TWO THOUSAND TEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5010 of 2010 Between: Singareddi Venkata Kasi Reddy & another. … Petitioners And State of A.P., rep., by its Principal Secretary, Home Department, Hyderabad & others. … Respondents Counsel for the petitioners: Sri Mangena Srerama Rao for Sri Nimmagadda Satyanarayana Counsel for the respondents: AGP for Home This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5010 of 2010 ORDER:- This writ petition is filed for a Mandamus to declare the action of respondent Nos.3 and 4 in repeatedly insisting on the petitioners to vacate the property admeasuring 421 1/3 square yards in Sy.No.434, Ward No.1 of Markapur Municipal Limits and to withdraw O.S.No.24 of 2005 pending on the file of the Court of Junior Civil Judge, Markapur as illegal and unconstitutional. The petitioners sought for a direction to the respondents not to interfere with their peaceful possession of the said property. In their affidavit, the petitioners stated that they have purchased the abovementioned land from their true owners, that while one Parchuri Krishnaiah and Somesetti Venkateswarlu were trying to break open their compound wall, they filed O.S.No.24 of 2005 in the Court of Junior Civil Judge, Markapur for permanent injunction, that temporary injunction was granted by order dated 27.01.2005 in I.A.No.57 of 2005 and that the said suit is still pending. It is further averred that on 18.02.2010, respondent No.4 sent two police constables requiring the petitioners’ appearance before him and that accordingly when the petitioners appeared, respondent No.4 insisted on them to withdraw the said suit. The petitioners further stated that on their request to respondent No.4 to withdraw the demand in view of their ownership over the land in question, the latter has allegedly stated that respondent No.3 and the Additional Public Prosecutor in the Court of Additional Sessions Court, Markapur by name Sri Syed Ali Zaheer are interested in the site and that therefore they have to vacate the same. The petitioners further alleged that on 18.02.2010 during night time some persons highhandedly demolished the shed and when they sought to give a report, respondent No.4 refused to receive the same. The petitioners also alleged that respondent No.4 continued to interfere with their life and personal liberty and even making persistent demands to withdraw the suit. No counter affidavit is filed on behalf of the respondents. At the hearing, the learned Assistant Government Pleader for Home stated that he has received instructions from respondent Nos.3 and 4 to the effect that in view of the pendency of the civil suit, they are not interfering, as alleged by the petitioners. In view of the stand taken by respondent Nos.3 and 4, the writ petition is disposed of directing the said respondents to refrain from interfering with the possession of the petitioners’ property or with their life and personal liberty in connection with the said civil suit. The petitioners are given liberty to approach this Court against respondent Nos.3 and 4, if in future they cause such interference. As a sequel to disposal of the writ petition, WPMP.No.6449 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 23.03.2010 ES