IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE THIRD DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.25606 of 2005 Between: Yeramati Ramalingeswara Rao, S/o. Sri Sankara Rao, R/o. Velangi, East Godavari District. ..... PETITIONER AND 1 The Superintendent of Police, E.G.District, kakinada. 2 The Inspector of Police, Ramachandrapuram Circle, Ramachandrapuram, E.G.District. 3 The Station House Officer, Drakasharama Police Station, Draksharama, E.G.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 will be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents in trying to interfere in civil disputes thereby interfering with the petitioner peaceful physical possession and enjoyment of Ac.2.98 cents situate in S.Nos. 96/4, 98/1 and 98/7 of Hasanbada Village, E.G.District as arbitrary, deliberate, high handed, capricious and is in violation of all cannons of law and justice and consequently direct the respondents not to interfere with the petitioner peaceful physical possession and enjoyment of Ac.2.98 cents situate in S.Nos. 96/4, 98/1 and 98/7 of Hasanbada village, E.G.District in any manner whatsoever and pass. Counsel for the Petitioner:MR.T.S.ANAND Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.25606 of 2005 ORDER: Heard the learned counsel appearing for the petitioner, learned Government Pleader for Home appearing for respondents 1 to 3 and the learned counsel appearing for the 4th respondent. It is the case of the petitioner that the 4th respondent filed a suit O.S.No.77 of 2005 on the file of the Principal Junior Civil Judge, Ramachandrapuram, and obtained an interim injunction in I.A.No.194 of 2005 restraining the defendants therein namely Chigurupati Veera Venkata Satyanarayana and Yaramati Sankara Rao @ Sankarayya from interfering with the peaceful possession and enjoyment of the 4th respondent herein in respect of the suit schedule property. It is stated that thereafter I.A.No.902 of 2005 has been filed for implementation of the injunction orders by directing the Station House officer, Draksharama, to give necessary police aid in preventing the said defendants. The learned Principal Junior Civil Judge, Ramachandrapuram, while noticing that the petitioner herein namely Yermati Ramalingeswara Rao was not a party to the suit, granted police aid against the defendants alone, but not against the petitioner. It is the case of the petitioner that inspite of the specific order granting police aid against the defendants alone, but not against him, still the police under the guise of providing police protection, interfering with the peaceful possession and enjoyment of the petitioner’s land. A counter has been filed by the Sub-Inspector of Police, Draksharama Police Station, stating that pursuant to the order of the Civil Court alone, the police extended police protection to the plaintiff preventing obstruction of the defendants in the suit. Except providing police protection for strict implementation of the order passed by the Principal Junior Civil Judge, Ramachandrapuram in I.A.No.194 of 2005, the respondents never interfered with the peaceful possession and enjoyment of the petitioner’s land. In view of the aforesaid counter, no orders are required to be passed in this writ petition. Accordingly, the writ petition is closed. There shall be no order as to costs. ___________ 05-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK}