IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20047 of 2004 Between: Chidipi Ganga Raju, S/o.Late Chidipi Venkayya, R/o.Achiyyapalem, Buttaigudem Mandal, West Godavari District. ..... PETITIONER AND 1 The Superintendent of police, West Godavari District, Eluru. 2 The Station House officer, Buttaigudem Police Station, Buttaigudem, West Godavari District. 3 The Mandal Mandal officer, Buttaigudem Mandal, West Godavari District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue order direction writ more particularly writ of Mandamus declare the action of the respondents in not taking action on the petitioner's complaint dt.20-9-2004 as being illegal arbitrary and violative of Article 14 and 300-A of the constitution of India and consequently direct the respondents to provide necessary police protection to the petitioner's land situated in R.S.No.88 Ac.1.20 cts of Achiyyapalem village and Buttaigudem Mandal West Godavari District. Counsel for the Petitioner: MR.P.R.K.AMARENDRA KUMAR Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Home, appearing for the respondents. The petitioner claims to be the owner and possessor of Acs.1.20 cents of land situated in R.S.No. 88 of Achiyyapalem Village and Buttaigudem Mandal, West Godavari District, which is notified as a scheduled area. It is stated by the petitioner that the tribals of the locality have been making attempts to interefere with the possession and enjoyment of his land in question and therefore he lodged a complaint with the respondents on 20-09-2004 requesting to take the necessary action. The grievance of the petitioner is that the respondents failed to take any action so far. Hence, this writ petition seeking a declaration that the inaction on the part of the respondents is arbitrary and illegal. It is to be noted that as per the circular dated 03-07-2002 issued by the Revenue Divisional Officer and Special Assistant Agent to Government, Jangareddygudem whenever a land dispute between the tribals and non-tribals is received by a Station House Officer, he should first consult the Mandal Revenue Officer concerned in the matter, and if the matter requires any filed inspection, a joint inspection with the assistance of the Mandal Revenue Officer or Mandal Surveyor shall be conducted. Having regard to the facts and circumstances of the case, and in the light of the circular dated 03-07-2002, without expressing any opinion on merits of the case, the writ petition is disposed of with a direction to the 2nd respondent-Station House Officer, Buttaigudem Police Station, Buttaigudem, West Godavari District, to refer the matter to the concerned Mandal Revenue Officer, regarding the title and possession in respect of the land in question. On receipt of the status report from the concerned Mandal Revenue Officer, the respondents shall consider the complaint of the petitioner dated 20-09-2004, and take necessary action in accordance with law as expeditiously as possible. Accordingly, the writ petition is disposed of. No costs. ____________ 02-11-2004 Note: Issue C.C in two days. B/o. vs To 1 The Superintendent of police, West Godavari District, Eluru. 2 The Station House officer, buttaigudem police Station, Buttaigudem, W.G.Dist. 3 The Mandal Mandal officer, Buttaigudem Mandal, West Godavari Dist. 4 2CCs to the G.P for Home, High Court Buildings, Hyderabad(O.U.T). 5 2CD copies.