HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.25619 of 2008 Date: 08-9-2011 Between M.Narayana and another … Petitioners and The Superintendent of Police, Kurnool, Kurnool district and 3 others … Respondents HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.25619 of 2008 Order: This writ petition is filed with the prayer, which reads as under: To issue a Writ of mandamus declaring the action of the 3rd respondent in harassing the petitioners by calling upon them to the police station and threatening the 1st petitioner to make division of his properties according to the will and wish of the 4th respondent as illegal, arbitrary and violative of principles of nature of justice and also violating of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents 1 and 2 to take action against the 3rd respondent for the illegal acts being committed by him. 2. It is the case of the petitioners that the 1st petitioner is a permanent resident of Kothaburuju village in Dhone Mandal of Kurnool district and he has acquired properties admeasuring Ac.32-00 cents covered by Survey Nos.6, 34, 104, 689, 647/1A, 659/4 and 652 of Kothaburuju village. It is stated in the Affidavit that the elder son of the 1st petitioner died about 25 years back leaving the 4th respondent, who is his grandson and that the 2nd petitioner is his second son. It is stated that out of love and affection towards the daughters, he has gifted Ac.6-00 cents of land by executing a registered Gift Deed dated 06-11-2008 in favour of his four daughters. It is the grievance of the petitioners in the writ petition that local leaders have developed grudge against the 1st petitioner in view of his economic development and popularity in political circle, to create hurdles and at their instance the 4th respondent is seeking division of the properties and to cancel the gift deed executed in favour of the daughters. It is stated that at the instance of the 4th respondent, the 3rd respondent is interfering with the lives and liberty of the petitioners by calling upon them to the police station and threatening the 1st petitioner to cancel the gift deed executed in favour of his daughters and to divide the properties. Precisely, it is the grievance of the petitioners that as the dispute is of civil nature, the 3rd respondent cannot interfere with the lives and liberty of the petitioners. 3. The 3rd respondent-Sub Inspector of Police, Dhone Police Station, has filed a Counter-Affidavit. In the counter while denying the allegations of the petitioners, it is admitted that the dispute between the petitioners and the 4th respondent is of civil nature. At the same time, it is stated that on the report of Police Constables 2747 and 2556 of Dhone Police Station, a petty case was registered for an offence under Section 160 IPC against two groups i.e. one group led by the petitioners and the other by the 4th respondent, who were fighting each other on the public road at Kothaburuju village of Dhone Mandal with regard to their property dispute. Except registration of the petty case, there is no other interference of the respondents. 4. In the counter filed by the 3rd respondent himself, it is admitted that the dispute between the petitioners and the 4th respondent is a civil dispute. While it is open to the respondents to pursue the petty case registered for an offence under Section 160 IPC, but, at the same time, they cannot insist the 1st petitioner for division of the properties or to interfere with the lives and liberty of the petitioners. 5. In view of the allegation of the petitioners and averment in the counter that the dispute between the petitioners and the 4th respondent is of civil in nature, I deem it appropriate to dispose of the writ petition directing the 3rd respondent not to interfere with the lives and liberty of the petitioners or the properties of the petitioners. However, it is made clear that if there is any claim for partition of the properties, this order will not preclude the petitioners from proceeding against the 4th respondent in accordance with law. 6. Accordingly, the writ petition is disposed of with the directions, as referred above. No costs. _______________________ R.SUBHASH REDDY, J. 08th September, 2011. Ak HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.25619 of 2008 08th September, 2011. (Ak)