THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28886 OF 2011 ORDER: The relief sought for in this Writ Petition is to declare the action of the first respondent, in interfering with the petitioner’s possession and enjoyment of the lands, and in laying a path through his lands admeasuring Ac.2-22 cents in Survey No.228E2, Ac.1-53 cents in Survey No.228G and Ac.1-00 cents in Survey No.228H of Donimukkala Village, Guntakal Mandal, Anantapur District, as arbitrary and illegal. It is the petitioner’s case that the first respondent had personally directed that a road to be laid over the petitioner’s lands resulting in his being deprived of possession and enjoyment thereof. A counter affidavit is filed by the first respondent wherein it is stated that he had never interfered with the petitioner’s possession and enjoyment of the lands; the petitioner had lodged a complaint on 20.10.2011 stating that when he was constructing a compound wall on 12.10.2011, about ten villagers had prevented him from doing so, and had criminally intimidated him; based on his complaint Crime No.89 of 2011, under Sections 427 and 447 read with 34 IPC, was registered on 20.10.2011; investigation was taken up by the Station House Officer, Guntakal Rural Police Station; as many as 16 witnesses, including the complainant, had been examined; the petitioner had submitted similar representations to the District Collector, Superintendent of Police and Deputy Inspector - General of Police, Anantapur stating that his standing crop and drip irrigation system were damaged, and the compound wall was removed; the Village Revenue Officers, Donimukkala and Mallenipalli Villages had informed that there was an existing rastha through the fields of the petitioner; and the petitioner’s allegation that the first respondent went to the petitioner’s lands on 14.10.2011, and called upon certain persons to remove the stones and to level the land, was not true. In view of the denial of the first respondent in the counter affidavit, and in as much as questions whether the petitioner is in possession and enjoyment of the lands or anyone else is interfering with his possession are all matters to be adjudicated before the Civil Court of competent jurisdiction, I see no reason to exercise discretion to interfere. The Writ Petition is, accordingly, dismissed. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J November 14, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.28886 OF 2011 November 14, 2011 MD