THE HONOURABLE SRI JUSTICE C.V.RAMULU W.P.No.15711 of 2010 07-10-2010 Between: M.Gurunadhan ...Petitioner Vs. The State of Andhra Pradesh, rep. by Secretary, Home Department and others ..Respondents THE HONOURABLE SRI JUSTICE C.V.RAMULU W.P.No.15711 of 2010 ORAL ORDER: This writ petition is filed seeking a Mandamus to declare the action of the 3rd respondent-SHO Nunna P.S. Vijayawada in not extending the police protection to the petitioner despite the representation made by him on 22-04-2010, as illegal and arbitrary and consequently to direct the 3rd respondent to forthwith extend police protection to enable him to lay a fencing around the lands in an extent of Ac.0.99 cents in Sy.No.78/3 of Payakapuram, Vijayawada Urban Mandal, Krishna District. According to the petitioner, he is the owner of land in an extent of Ac.0.99 cents in Sy.No.78/3 of Payakapuram, Vijayawada Urban Mandal, Krishna District. The patta was issued in the year 1954 in respect of the lands in Sy.No.78/3 and 74/3 admeasuring Ac.0.99 and 2.85 cents respectively. The said patta was issued after conducting re- survey by the revenue authorities and the old survey numbers corresponding to the new survey Numbers are 5/3C-4P and 78/3 respectively. Insofar as the lands in Sy.No.74/3 is concerned, there is no dispute. Whereas the lands in an extent of Ac.0.99 cents in Sy.No.78/3 of Payakapuram, Vijayawda Urban Mandal, Krishn District is concerned, the demarcation between the abutting lands belonging to Mannam Potharaju and others is not clear and the dispute of the petitioner with the abutting land owners resulted in a criminal complaint before the S.H.O Nunna P.S. on 4-8-2007. When no action was taken on his complaint, he had approached the learned I Additional Metropolitan Magistrate Court, Vijayawada, in turn, the court directed the SHO, Nunna P.S. to take appropriate action on the complaint filed by the petitioner. Later, the petitioner filed W.P No.14782 of 2009 before this Court seeking a direction to the Tahasildar concerned for conducing a survey and fixing the boundaries. According to the petitioner, the said writ petition was disposed of and later the Tahsildar had conducted survey and fixed the boundaries. Now the petitioner is intending to lay fencing around his land and therefore sought protection from the police. But the police are not cooperating, is the only grievance of the petitioner in this writ petition. The learned Government Pleader for Home on the basis of written instructions received in this regard states that a case in Cr.No.267 of 2007 under Sections 447, 420, 120-B, 148, 149, 324, 506 read with 34 of IPC has been registered on 04-08-2007 against concerned accused on the file of Nunna Police Station, Vijyawada. During the course of investigation, LWs 1 to 3 were examined and recorded their detailed statements. Later the accused surrendered before the Court and enlarged on bail. After completion of investigation, charge sheet was filed which was taken on file vide C.C.No.972 of 2009 on the file of the I Metropolitan Magistrate Court, Vijayawad and the same is pending. In those circumstances, without expressing any opinion on merits, the respondents are directed to take appropriate action if any further complaint is made by the petitioner as to the criminal trespass of the accused therein or any other persons. The writ petition is accordingly disposed of as above at the stage of admission. No order as to costs. _____________ C.V.RAMULU,J 7th OCTOBER 2010 TSNR