IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24696 of 2004 Between: 1 A. Rambabu, S/o. Vamanamurthy, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 2 A. Hanumantha Rao, S/o. Vamanamurthy, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 3 A. Lakshmi Narasamma, W/o. Narasimharao, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 4 M. Santhakumari, W/o. Ramachandrarao, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 5 A. Purnachandrarao, S/o. Venkaiah, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 6 Y. Venuka Devi, W/o. Nagadhara Prasad, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 7 G. Swarooparani, W/o. Prabhuvu, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 8 A. Hanumantha Rao, S/o. Janardhanarao, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 9 V. Ramesh Babu, S/o. Nageswararao, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 10 A. Narasimharao, S/o. Raghavaiah, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 11 N. Punyavathi, W/o. Apparao, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 12 K. Pitchaiah, S/o. Venkatesh Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 13 K. Jagapathirao, S/o. Rathaiah, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 14 a. Subbaraok, S/o. Vamanamurthy, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. 15 A. Venkatasubbarao, S/o. Appaiah, Madalapalli Village, R/o. Madalapalli, ( V), Damapet (M) Khammam District. ..... PETITIONER(S) AND 1 State of A.P., rep. by its Prl. Secretary, Home Department, Secretariat, Hyderabad. 2 Superintendent of Police, Khammam District, Khammam. 3 Sub-Divisional Police Officer, Sathupalli Division, Sathupalli(M), Khammam District. 4 Station House Officer, Dammapet Police Station, Dammapet Mandal, Khammam District. 5 Mandal Revenue Officer, Dammapet Mandal, Khammam District. .....RESPONDENT(S) 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 in the action on the part of the respondents on the report submitted by the petitioenrs on 26.12.2004 and to protect their life liberty and properties from the hands of culprits named therein and their followers is illegal, irregular and violative of articles 14, 19 21 and 300-A of constitution of India and also violative of provisions of Code criminal procedure and consequently direct the respondents to take necessary action on petitioners report, Dt. 26.12.2004 and protect their person and properties and pass such other order or orders as the Honourable Court may fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24696 of 2004 ORDER: It is the case of the petitioners that they are the absolute owners and possessors of various extents of lands in various survey numbers situated at Akinapalli Revenue Village, Dammapet Mandal, Khammam District, having acquired from their ancestors. It is stated that the petitioners were also granted pattadar pass books and title deeds and there is no dispute with regard to the ownership of the said lands and the petitioners themselves raising crops in the said lands. While so, as there was some obstruction from Tribals, the petitioners made a representation before the 4th respondent on 26-12-2004 seeking necessary police protection. But, the police have not take any action so far. This court while admitting the writ petition on 31-12-2004, directed the respondents to accord protection to the petitioners to harvest the crop on the lands held by them, if necessary, they shall take assistance of the 5th respondent, pending further orders. A counter has been filed on behalf of respondents 2 to 4 stating that the dispute is civil in nature and, therefore, the police could not act upon the representation of the petitioners, dated 26-12-2004. If there is no claim by the rival claimants and if prima facie title is established, it is the duty of the police to give necessary police protection to protect the property of the citizens. If the title is in dispute, it is for the civil court to resolve the dispute and the police cannot interfere with the civil disputes. However, if there is no dispute with regard to the right, title and if the 3rd parties are making attempt to interfere with the property, on filing representation seeking necessary police protection, it is the duty of the police to consider and dispose of the same in accordance with law. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 4th respondent to accord protection to the petitioners as and when the petitioners approach by way of representation. There shall be no order as to costs. __________ 17-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK}