THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.6950 OF 2010 Dated 26th July, 2010 Between: T.Kavitha … Petitioner And The Commissioner of Police and Three others … Respondents Counsel for the petitioner : Sri B.Yuvraj Counsel for respondents 1 to 3: AGP for Home The Court made the following ORDER: This writ petition is filed for a Mandamus to declare the inaction of respondent No.1 in registering the petitioner’s complaint under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act”) as illegal and arbitrary. The petitioner also sought for a direction to respondent No.1 to register a case against respondents 3 and 4 and also provide protection to the petitioner, her husband and children. I have heard Sri B.Yuvraj, learned counsel for the petitioner, and learned Assistant Government Pleader for Home appearing for respondents 1 to 3. In her affidavit, the petitioner stated that she belongs to scheduled caste; that she constructed a house on the Government assigned land by raising a loan from her tenant; that respondent No.4 threatened her to sell the house and that when she made a complaint to respondent No.3 against respondent No.4, in spite of his taking action by registering a criminal case, he is forcing her to sell the house to respondent No.4. The petitioner further pleaded that on 09.03.2010, she gave a complaint to respondent No.1 and that no action is taken by him. A counter-affidavit has been filed by respondent No.2, wherein, it i s, inter alia, stated that on 04.04.2010, the petitioner approached respondent No.2 with the complaint that six persons by name R.Narayana Reddy; V.Vijaya Devi; Ramalinga Reddy; P.Srinivasa Reddy; Hemavanth Reddy and T.Mahesh Kumar, along with 10 others came to her house; abused her and her husband in filthy language by using their caste name and also threatened to kill her and her family members if they do not vacate the house. That based on the contents of the said complaint, Crime No.362 of 2010 was registered for the offences under Sections 3(1) (x) of the Act and 506 IPC on 04.04.2010 and that the Assistant Commissioner of Police, Panjagutta Division has taken up investigation as per the instructions of respondent No.1. It is further stated that investigation is still pending and that necessary steps will be taken against the accused. The counter-affidavit denied the allegation of the petitioner that she gave a complaint on 06.03.2010 and also the further allegation that respondent No.2 has been sending 10 persons to the petitioner’s house daily and threatening her to vacate the premises. Respondent No.2 has stated that he has never interfered with the civil disputes or insisted the petitioner to vacate the house. As rightly pointed out by the learned counsel for the petitioner, the petitioner alleged that it is respondent No.3, who had been sending ten persons to her house every day in collusion with respondent No.4. Strangely respondent No.3 has not filed any counter denying the said allegation. The counter-affidavit filed by respondent No.2 has not stated that the same is filed on behalf of the other respondents also. In view of failure of respondent No.3 to deny the specific allegations made against him, it is reasonable to presume that respondent No.3 has unduly interfered with the civil disputes. He is, therefore, restrained from causing any such interference in future. Liberty is given to the petitioner to approach respondent No.1 in case respondent No.3 or any other police interfere in the civil disputes pertaining to the property in question. If such representation is made, respondent No.1 shall take appropriate action according to law. Inasmuch as a criminal complaint has already been registered, no further direction need be issued in this regard. Subject to the above, the writ petition is disposed of. As a sequel to disposal of main petition, WPMP No.8981 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 26th July, 2010 vrn