IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.28606 OF 2010 DATED:24.11.2010 Between: Ganta Kavitha and another … Petitioner And State of Andhra Pradesh Rep. by its Principal Secretary to Home Department, Secretariat, Saifabad, Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.28606 OF 2010 ORDER: In this writ petition, the petitioners seek directions by way of a Mandamus to declare the action of the third respondent in insisting the petitioners to appear before him and further insisting them not to cultivate the lands admeasuring Ac.1.38 cents and Ac.7.93 cents in R.S. Nos.51/8 and 70 respectively of Muttanaveedu Village, Pedavegi Mandal, West Godavari District, as illegal and without jurisdiction. It is the case of the petitioners that they are owners and possessors of the above said lands and they were also issued pattadar pass books and title deeds by the Tahsildar, Pedavegi Mandal, under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, but the third respondent, even though no crime is registered against the petitioners, is interfering with the rights of the petitioners with regard to the aforesaid lands. The matter has come up for admission on 19.11.2010 and it was adjourned to 24.11.2010 to enable the learned Government Pleader for Home to obtained instructions. Today, on instructions, the learned Government Pleader for Home submits that one Chilakalapudi Rajender Prasad and Chilakalapudi Sudhakar of Jagannadhapuram Village, Pedavegi Mandal, West Godavari District, have lodged a complaint against the second petitioner, in the month of October, 2010, stating that they have obtained interim orders dt.10.9.2007 in I.A. No.2869 of 2007 in O.S. No.986 of 2007 from the Court of Principal Junior Civil Judge, Eluru, with the regard to the land in question, in their favour. It is further submitted that the said persons in the complaint alleged about the interference with the possession by the second petitioner herein by cultivating the said lands and requested to take necessary action. It is also submitted by the learned Government Pleader for Home that pursuant to such complaint made by the aforesaid persons, entries were made in the General Diary and after enquiry it was found by the third respondent that the dispute is of civil nature and hence he advised both the parties to approach the Court of law for redressal. It is categorically stated that the respondents have never insisted the petitioners to approach the Police Station, Pedavegi, nor any insistence was made, not to cultivate the said lands. The complainants before the Police are not made parties in the writ petition. It is also not known whether the petitioners are parties in the injunction suit or not. The petitioners have also not stated in the affidavit filed in support of the writ petition, about the proceedings and the interlocutory orders statedly passed by the civil Court. In the absence of such parties and material, no finding can be recorded by this Court whether the petitioners are in possession of the lands in question or not. Recording the stand of the respondents, as submitted by the learned Government Pleader for Home, that the respondents have never insisted the petitioners either to attend to the Police Station or not to cultivate the land in question, the Writ Petition is disposed of. No order as to costs. _____________________ R. SUBHASH REDDY, J 24.11.2010 bnr