THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16115 of 2009 DATE: 18.08.2009 Between: Lekkala China Masthan Naidu @ Masthan Naidu ... Petitioner and Superintendent of Police, Nellore District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16115 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of 2nd respondent in interfering with the civil disputes pending in O.S.No.234 of 2008 on the file of the Senior Civil Judge, Gudur and O.S.No.69 of 2008 on the file of the Junior Civil Judge, Kota, PSR Nellore District, as illegal and arbitrary. 2. The case of the petitioner, in brief, is that her wife namely Lekkala Venkata Subbamma had purchased an extent of Ac.19.97 guntas of dry land situated at Saguturu of Ogili Mandal, under a possessory agreement of sale dated 02.08.1989, from one Muppalla Narasa Raju, and since then she had been in peaceful possession and enjoyment of the same till her death, and upon her death, himself and his sons became owners of the same. Subsequently, he filed a suit in O.S.No.234 of 2008 on the file of the Senior Civil Judge, Gudur against the legal heirs of the deceased vendor under the agreement of sale, for specific performance of agreement of sale, and the same is pending. His sons also filed a suit in O.S.No.69 of 2008 on the file of the Junior Civil Judge, Kota for perpetual injunction, in respect of some other property, against Meda Sunil Reddy and others, and the same is also pending. While so, being influenced by and at the instigation of the 1st defendant in O.S.No.69 of 2008, the Station House Officer, Ogili P.S., Ogili - 2nd respondent is forcing him to withdraw the suits and compromise with the said Sunil Reddy and if he fails to concede his demand, he will be implicated in false cases. Apprehending danger at the hands of 2nd respondent, he submitted a representation to the Superintendent of Police, Nellore District - 1st respondent seeking necessary action in this regard. Inspite of the said representation, the 2nd respondent did not refrain from interfering with the civil disputes. Therefore, he filed this writ petition. 3. The 2nd respondent filed a counter affidavit denying the averments made in the affidavit filed in support of the writ petition. He also stated that except registering a case in crime No.63 of 2009 against the petitioner for the offences punishable under Sections 420, 468 and 471 IPC, basing on the complaint given by one Meda Sarvani on 14.07.2009, they are not interfering with the civil disputes of the petitioner. Sensing that they registered the said crime and they may take action against him, only to prevent them from taking any action in the above crime, the petitioner with a malafide intention filed the present writ petition. 4. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home. 5. Having considered the submissions made by the learned counsel, on either side, and in the light of the statement made by the respondents that they are not interfering with the civil disputes of the petitioner, this Court is of the view that this writ petition can be disposed of with a direction to the respondents not to interfere with the civil disputes of the petitioner. 6. Accordingly, this writ petition is disposed of directing the respondents not to interfere with the civil disputes of the petitioner pending in the aforesaid suits. However, this order does not preclude the respondents from proceeding with the investigation into the crime No.63 of 2009 registered by the 2nd respondent against the petitioner. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 18th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.16115 of 2009 (Disposed of) 18th August, 2009 CBS