IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 5740 of 2008 Between: Eegala Pentamma W/o Appala Naidu R/o H. No. 6-106, kotta Dibbapalem, Aganampudi Village, Visakhapatnam-46. ..... PETITIONER AND 1. The Station House Officer, II Town Police, Station (Law and order) Gajuwaka, Visakhapatnam District. 2. The Commissioner of Police, Visakhapatnam District. 3 Nunela Appala Raju s/o Tatalu, H. No 9-1-120, New Gajuwaka Main Road, Sri Vidya Book Depot Back Side, Visakhapatnam-26 .....RESPONDENTS Counsel for the Petitioner: NONE APPEARED Counsel for Respondent Nos.1 & 2: GP FOR HOME Counsel for Respondent No.3: NONE APPEARED The Court made the following : ORDER: This Writ Petition is filed for a writ of Mandamus to declare the action of respondent Nos.1 and 3 in interfering in the civil disputes and peaceful possession and enjoyment of the petitioner’s property bearing H.No.6-106, Kottadibbapalem, Aganampudi Village, Gajuwaka Mandal, Visakhapatnam District, as illegal, arbitrary and in violation of Article 21 of the Constitution of India. The petitioner sought for a direction to respondent No.2 to take action on the complaint given by the petitioner on 29-09-2007. On 31-03-2008, the learned Counsel for the petitioner sought time for filing reply to the counter-affidavit filed by respondent No.1. Today at the hearing, neither the learned Counsel for the petitioner is present nor any reply-affidavit is filed on behalf of the petitioner. From the prayer noted above, the grievance of the petitioner is twofold viz., that respondent Nos.1 and 2 are interfering in civil dispute between the petitioner and respondent No.3, and that they have not been taking action on the complaint given by the petitioner against respondent No.3 on 29-09-2007. In the counter-affidavit filed by respondent No.1, he denied the allegation that the Police are interfereing in the civil disputes between the petitioner and respondent No.3. With respect to the complaint given by the petitioner, it is stated that the petitioner gave representations dated 29-09-2007 to the Commissioner of Police, Visakhapatnam City, and the Collector, Visakhapatnam, against respondent No.3, with respect to a thatched house bearing No.6-106, Kottadibbapalem, Aganampudi Village, Gajuwaka Mandal, Visakhapatnam District; that the said representation was referred by the Commissioner of Police to respondent No.1 for enquiry and filing a report; that when the enquiry into the said representation was in progress, the petitioner filed compromise petition dated 16-11-2007 requesting respondent No.1 not to take further action on the said complaint. It is further averred that on 20-11-2007, the petitioner again approached respondent No.1 and lodged a complaint wherein it is stated that respondent No.3 and Yelamanchili Peda Apparao trespassed into the petitioner’s house and threatened her with dire consequences, apart from beating her with hands; that based on the said complaint, Crime No.728 of 2007 was registered for the offences punishable under Sections 448, 323, 506 r/w 34 IPC on 20-11-2007 and that the investigation was taken up. Respondent No.1 also narrated the progress of the investigation and stated that final report will be shortly filed before the jurisdictional Magistrate. Since no reply-affidavit has been filed controverting the above-mentioned averments contained in the counter-affidavit filed by respondent No.1, there is no reason for this Court to disbelieve its veracity. In view of the above, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, WPMP.No.7455 of 2008 filed by the petitioner for interim relief is also dismissed. ______________________ (C.V.Nagarjuna Reddy, J) 9th April, 2008 lur