IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 16737 of 2005 Between: Vadugu Srinivasa rao, S/o.Parala Raju, R/o.Dondapindi Village, Bhimavaram Mandal, W.G.District. ..... PETITIONER AND 1 The Sub-Inspector of Police, Rural Police Station, Bhimavaram, W.G.district. 2 Mandal Revenue Officer, Bhimavaram, W.G.district. 3 Revenue Divisional Officer, Narsapuram, W.G.district. 4 Revu Narasimha Swamy, S/o.Naganna, R/o.Dondapindi Village, Bhimavaram Mandal,W.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 fully one in the nature of writ of mandamus declaring that the action of the 1st Respondent in requesting the 2nd respondent to decide the title, possession on boundaries, disputes etc, in proceedings dt.19-7-2005 by deputing Mandal Surveyor is illegal, improper, arbitrary and besides violative of Principles of natural justice and quash the same. Counsel for the Petitioner:SMT.K.SESHARAJYAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.16737 OF 2005 ORDER: The petitioner seeks to issue a writ of mandamus, declaring the action of the Sub Inspector of Police, Rural Police Station, Bhimavaram, West Godavari District in requesting the Mandal Revenue Officer, Bhimavaram vide his letter dated 19- 7-2005 to decide the dispute with regard to the thatched house situated on the bund of the fish tanks in Sy.NO.1810/2 of Dongapindi village, Bhimavaram Mandal, West Godavari District as illegal and arbitrary. It is not in dispute that there are civil disputes between the petitioner and 4th respondent and 4th respondent filed a complaint alleging that the petitioner occupied the thatched house and prawns tank in Sy.No.12810/2 in an extent of 3 acres. Pursuant to the same, a case in Cr.No.53 of 2005 under Sections 341, 506(2) read with Section 34 of Indian Penal Code and Section 25 of the Indian Arms Act, 1959 has been registered. It is also not in dispute that the first respondent addressed a letter to the second respondent requesting him to depute a Mandal Surveyor to fix the boundaries and finalise the dispute to know as to whether the 4th respondent is the owner or not. If any of the offence is committed by the petitioner, the scope of investigation under the Code of Criminal Procedure is to investigate and file a report. There is no method or manner to decide the civil dispute under criminal law. Civil disputes have to be decided by the Civil Courts alone. Addressing the letter dated 19-7-2005 by the first respondent to the second respondent under the guise of investigation to fix the boundaries and decide the ownership and possession over the land will amount to inference of the civil rights of the petitioner. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the second respondent not to act upon the letter of the first respondent addressed to him on 19-7-2005, keeping it open to complete the investigation in the pending crime and file a final report/charge sheet in accordance with law. No costs. ________________ V.ESWARAIAH,J Date:19-06-2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Sub-Inspector of Police, Rural Police Station, Bhimavaram, W.G.district. 2 Mandal Revenue Officer, Bhimavaram, W.G.district. 3 Revenue Divisional Officer, Narsapuram, W.G.district. 4. 2CCs to 5. 2CD copies