IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 18050 of 2001 BETWEEN: Kusala Lakshmaiah, S/o. Pullaiah, R/o. Ravikampadu Village, Chandrugonda Mandal, Khammam District. ... PETITIONER AND 1 The Superintendent of Police, Khammam. 2 The Station House Officer, Chandrugonda, Khammam District. 3 The Mandal Revenue Officer, Chandrugonda, Khammam District. 4 Cherupalli Laxmi Narasamma, W/o. Late Seetharamachanderrao, R/o. Ravikampadu Village, Chandrugonda Mandal, Khammam. 5 Cherupalli Kodandaramarao, S/o. Late Seetharamachanderrao, R/o. Ravikampadu Village, Chandrugonda Mandal, Khammam. 6 Cherupalli Ramana Rao, S/o. Late Seetharamachanderrao, R/o. Ravikampadu Village, Chandrugonda Mandal, Khammam. ...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 an appropriate writ, order or direction more particularly in the nature of writ of Mandamus declaring the orders in RC.No.B/1394/2000 dated 23.8.2001 passed by the Mandal Revenue Officer, Chandrugonda, Khammam district as illegal and without jurisdiction and to direct the 2nd respondent not to disturb possession of the petitioner from the land in Sy.No.163 extent Ac.5-22 gts situated in Ravikampadu Village, Chandrugonda Mandal, Khammam district and to pass such other order or orders. Counsel for the Petitioner: MR.R.KAMESWAR RAO Counsel for the Respondents 1 & 2: GP FOR HOME Counsel for the Respondents 5 & 6: MR.M.RAJAMALLA REDDY The Court made the following: ORDER: Petitioner submits that the Government gave inam to his grand father the land admeasuring Ac.5.22 guntas in Sy.No.163 situated in Ravikampadu Village, Chandrugonda Mandal, and they are in continuous possession and enjoyment. When there was interference with his possession and enjoyment, the petitioner filed a suit in O.S.No.391 of 2001 on the file of the Principal Junior Civil Judge, Kothagudem for perpetual injunction against the respondents 4 to 6 along with an I.A.No.599 of 2001 for temporary injunction. The petitioner obtained temporary injunction and thereafter the same was vacated. 2. The petitioner further submits that after the injunction order was vacated, the Mandal Revenue Officer, Chandrugonda Mandal, addressed a letter dated 23.08.2001 to the Station House Officer, Chandrugonda Police Station informing about the injunction order being vacated and that the land being in possession of the respondents 4 to 6 and accordingly, requested the Station House Officer to implement the orders of the civil Court in I.A.No.599 of 2001 in O.S.No.391 of 2001 dated 05.07.2001 by giving necessary police protection. 3. Learned counsel for the petitioner submits that merely because the civil Court vacated the injunction order, the Mandal Revenue Officer, has no manner of right or authority to address such a letter to the give police protection. 4. Learned counsel for the respondents 4 to 6 submits that, in fact, the respondents 4 to 6 are in possession of the said land but under the guise of the said injunction order, the petitioner attempted to take possession; therefore, the MRO rightly addressed the said letter. 5. I am of the opinion when the dispute with regard to possession itself was pending and whether an injunction order is there or not, it is not just and proper on the part of the Mandal Revenue Officer to take steps or to address any such letter to provide police protection. Unless the rights are determined either before the civil Court or before the revenue Court, the revenue authorities or the police cannot interfere with the civil disputes. However, it is stated that the suit itself has been dismissed. If that be so, it is open for the respective parties to work out their remedies in accordance with law before the appropriate forum. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 18, 2008 DSK