HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.22361 of 2005 Date : 13.11.2009 Between : Sivareddy Sumathi. …..Petitioner And The Superintendent of Police, Nellore District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.22361 of 2005 ORDER : In this writ petition, the petitioner is seeking a Writ of Mandamus, declaring the action of respondents 2 to 4 in interfering with her possession over the property called ‘Jitendra Marketing Complex’, situated in Ward No.1, Main road, Kovur village, as illegal and arbitrary. 2. It is the case of the petitioner that she is in possession of the marketing complex in question, by virtue of her purchase pursuant to an agreement of sale dated 26th December 2002, from its earlier owners by name Paderla Venkata Subba Reddy and his son Jitendra Kumar Reddy. It is further stated that the petitioner has also filed a civil suit in O.S.No.1 of 2005 before the District Court, Nellore against her vendors, as they failed to execute the sale deed pursuant to the agreement of sale. In this writ petition, the grievance of the petitioner is that respondents 2 to 4-Police officials are interfering with her possession, over the marketing complex, at the instance of her vendors. 3. This Court, while admitting the writ petition, by way of interim order dated 14th October 2005, directed the respondents not to interfere with the possession of the petitioner over the property in question. 4. Counter affidavit is filed by the Sub-Inspector of Police, Kovur Police Station, wherein, it is stated that there was a complaint lodged by the Panchayat Secretary of Grama Sachivalayam, Kovur on 03.10.2005, alleging that while he was discharging his duties for collection of Cist from the shop keepers and vegetable sellers, the husband of the petitioner by name Sri M.Sivareddy Chandrasekhar Reddy and one Cheekati Gurava Reddy, have obstructed him and assaulted him. Based on the said complaint, a case in Crime No.128 of 2005 was registered against them for the alleged offence under Section 353 read with 34 of I.P.C., and investigation is taken up. So far as interference is concerned, it is categorically stated that they are not interfering with the possession of petitioner over the property called ‘Jitendra Marketing Complex’. 5. In view of the statement of the respondents in the counter affidavit that they are not interfering with the possession of petitioner over her marketing complex, placing on record such statement, the writ petition is disposed of. However, it is open for the respondents to complete the investigation, if not already completed, in Crime No.128 of 2005 on the file of Kovur Police Station, registered against the husband of the petitioner and one Cheekati Gurava Reddy. 6. Subject to above directions, the writ petition is disposed of. No order as to costs. _____________________ R.SUBHASH REDDY, J 13th November 2009 ajr