IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 1359 of 2010 Between: Noti Peda Ramanaiah ..... PETITIONER(S) AND The Superintendent of Police, Nellore, Sri Potti Sri Ramulu Nellore District and another. .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 1359 of 2010 ORDER : The petitioner states that he is the owner of the land to an extent of Ac.0.75 cents situated in Sy. No.529/1 and Ac.0.50 cents in Sy. No.529/5 of T.K. Padu village, Chejerla Mandal, Sri Potti Sri Ramulu Nellore District. In view of the disputes with one Obula Penchalaiah and another, he was constrained to file O.S.No.93 of 1998 before the learned Junior Civil Judge, Gudur, seeking permanent injunction and the suit is pending. According to him, the trial Court granted interim injunction in the suit. However, when there was a threat of eviction by the revenue officials at the instance of his rivals, he approached this Court and filed W.P.No.28446 of 2009 and this Court by order dated 30-12-2009 granted interim order in his favour directing the Tahsildar, Chejerla Mandal, PSR Nellore District, not to dispossess the petitioner from his land without following the due process of law. Now at the instance of his rivals, the 2nd respondent-Station House Officer, Chejerla Police Station, is interfering with his peaceful possession and threatening him with dire consequence and as such he moved this Court by filing the present writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Home and perused the record. 3. As seen from the record, it is clear that there are certain civil disputes between the petitioner and his rivals, and due to which, the petitioner filed a suit and the same is pending consideration. It is also true that earlier when the revenue officials are interfering with his possession over the land in question, he approached this Court and filed W.P.No.28446 of 2009, and this Court was pleased to direct the revenue officials not to dispossess the petitioner from his land without following the due process of law. However, it may not be necessary for this Court to go into the facts as to whether the petitioner is entitled to have the ownership of the land or not. Here the grievance of the petitioner is that even without there being any complaint against the petitioner, the 2nd respondent is interfering with the civil disputes with regard to the petitioner’s peaceful possession and enjoyment of the land. When once disputes arose between the parties, the respondent- police officials, shall not take any partisan attitude. Further, unless there is a complaint, in my considered view, the police have no business to interfere with the personal life and liberty of any individual without following the due process of law, and therefore, the action of the 2nd respondent is contrary to the principles of Article 21 of the Constitution of India. 4. Accordingly, the writ petition is disposed of at the admission stage directing the 2nd respondent-Station House officer, Chejerla Police Station, Chejerla Mandal, SPSR Nellore District, not to interfere with the agricultural operations of the petitioner in the land in question. There shall be no order as to costs. __________________ 29th January, 2010 Note: Issue C.C. tomorrow. B/o. kvr