THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27916 of 2009 DATE:22.12.2009 Between: Minnekanti Venkata Rama Rao ... Petitioner and State of Andhra Pradesh, represented by its Principal Secretary to Home Department, Hyderabad and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27916 of 2009 ORDER: According to the petitioner, he is the absolute owner of an extent of Ac.0.05 cents of site in Sy.No.378/B of Nagarajupalli village, Martur Mandal, Prakasam District. As one Pentyala Lakshmi Rajyam is interfering with the construction work in the site, he filed a suit in O.S.No.260 of 2007 on the file of the Principal Junior Civil Judge, Addanki, against her, seeking declaration of title thereto and permanent injunction. Along with the suit, he also filed an application in I.A.No.1520 of 2007 for temporary injunction, and the court below allowed the application on merits, by an order dated 31.10.2009. While so, the 3rd respondent at the instance of said Pentyala Lakshmi Rajyam, came to the site and directed him to stop the construction work and also threatened him to withdraw the suit. Being aggrieved by the same, he approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home. 3. Apparently, there is an order of temporary injunction dated 31.10.2009 granted by the learned Principal Junior Civil Judge, Addanki, in I.A.No.1520 of 2007 in O.S.No.260 of 2007. Even if it is presumed that the order of temporary injunction is suspended by the appellate Court, the police have no business to interfere with the possession of the petitioner over the site, as the matter is purely civil in nature. In the light of the same and as it is the grievance of the petitioner that at the instance of said Pentyala Lakshmi Rajyam, the 3rd respondent is threatening him to withdraw the suit and the matter is civil in nature, the 3rd respondent is hereby directed not to interfere with the peaceful posession and enjoyment of the site by the petitioner, without following due process under law. 4. With the above direction, the writ petition is disposed of. There shall be no order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J 22nd December, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27916 of 2009 (Disposed of) 22nd December, 2009 CBS