THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.9626 OF 2009 Date: 24.09.2009 Between:- Kopparthy Lakshmi Ratna Kumari .. Petitioner And The State of A.P., rep.by its Principal Secretary, Home Department, Secretariate, Hyderabad and others. .. Respondents ORDER: The writ petition is filed seeking writ of mandamus declaring the action of respondents in interfering with the petitioner’s peaceful possession and enjoyment and exercise the petitioner’s right over the house site to an extent of Ac.0.1 ½ cents covered by Survey No.10 of Kothacheruvugattu, Doddanapudi village, Kalla Mandal, West Godavari district as illegal, irregular, arbitrary and violative of Articles 14, 21 and 300-A of constitution of India. The case of the petitioner is that the land mentioned herein above belongs to her ancestors. Her ancestors were in peaceful possession and enjoyment by constructing a thatched house and paying the house tax regularly to Doddanapudi Gram Panchayat. In the year 1992, the Electricity Department sanctioned electricity service connection No.301 to this house. On 16.10.2008, the A.P. State Housing Board Corporation sanctioned house loan to the petitioner in respect of the house site under Indiramma Gruhakalpa scheme to construct a house. Pursuant to the said sanction, she started removing the thatched house with an intention to construct a pucca house under the said scheme. On 21.01.2009, while she was laying a foundation in the house site, one Kopparthy Panduranga Rao, S/o.late Pattabhiramaiah, resident of Doddanapudi village, Kalla Mandal, West Godavari District and his followers came to the site and threatened her and her family members with dire consequences and asked them to stop laying the foundation. The said Pandu Ranga Rao said to have stated to the petitioner that on 21.01.2009, he went to Kalla police station and gave complaint against the petitioner and her husband and pursuant to the same, one Armed Constable came to the house of the petitioner and asked her to come to the police station. Accordingly, she went to the police station along with Constable where she was informed that they received a complaint that she is constructing a house illegally in the site of Pandu Ranga Rao. Therefore, the police asked her not to construct the house in the said site. Therefore, it is stated that the respondents have absolutely no power, authority or jurisdiction to interfere in any manner with their peaceful possession and enjoyment over the said site. Therefore, they filed the present writ petition. Respondent No.5, Sub Inspector of Police, filed the counter affidavit denying the allegations that are made against the police. Interalia, it is stated that on 21.01.2009, one Kopparthy Pandu Ranga Rao lodged a complaint against the petitioner and her husband stating that they are constructing the house in the land of the complainant. Based on the said complaint, the Assistant Sub Inspector of Police, called both the parties to the police station. Both the parties came to the police station and showed copy of agreement dated 21.01.2009 in which it is agreed by the parties that after survey is conducted, the actual owner will enjoy the property. The Assistant Sub Inspector of Police advised to approach Tahsildar to consult Mandal Surveyor to measure the land and settle the dispute and both were warned not to indulge in criminal activities. It is denied the allegation of the petitioner that the respondents are interfering with the peaceful possession and enjoyment of the petitioner’s house. It is also stated that on 09.03.2009, the petitioner’s husband sent a representation to respondent No.5 to take action against Kopparthi Panduranga Rao and also Assistant Sub Inspector of Police, Kalla Police Station. The matter was enquired by respondent No.5 and the petitioner’s husband and Kopparthi Pandu Ranga Rao were examined. The parties have stated that they will get the land surveyed and settle the disputes. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, it is obvious that both the parties were called to the police station based on the complaint lodged by the petitioner and Kopparthi Panduranga Rao against each other in connection with house site and advised them to approach the competent authority like Mandal Revenue Officer and settle the issue in a legal manner. Accordingly, the writ petition is dismissed. No costs. ___________________ G. CHANDRAIAH, J 24th September, 2009 AMD