IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19760 of 2008 Between: 1 Smt.Pinapatruni Rama Rathanam W/o.Raju Babu R/o.Kotavurtla village & Mandal Visakhapatnam District 2 Pinapatruni Satyanarayana S/o.Raju babu R/o.Kotavurtla village & Mandal Visakhapatnam District 3 Pinapatruni Srinivasa Rao S/o.Raja Babu R/o.Kotavurtla village & Mandal Visakhapatnam District 4 Pinapatruni Varahala Babu S/o.Raju Babu R/o.Kotavurtla village & Mandal Visakhapatnam District ..... PETITIONER(S) AND 1 The Superintendent of Police, Visakhapatnam Visakhapatnam District 2 The Circle Inspector of Police, Narasipatnam Visakhapatnam District 3 The Sub-Inspector of Police, Kotavurtla police station Kotavurtla village & Mandal, Visakhapatnam District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus directing respondents 2 and 3 not to interfere in the civil dispute in evicting the petitioners from the house bearing assessment No.154, Dr.No.4-98/1, of Kotavurtla village & mandal, Visakhapatnam District as it affects a right to liberty of a person under Article 21 of the Constitution of India. Counsel for the Petitioners:MR.K.SUBRAHMANYAM Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.19760 of 2008 ORDER: This writ petition is filed seeking a Mandamus to direct the 2nd and 3rd respondents not to interfere in the civil disputes between the petitioner and third parties, particularly, relating to house bearing assessment No.154, Door No.4-98/1 in Sy.No.125/4 of Kotavurtla village and Mandal, Visakhapatnam District. It appears, the grandfather of petitioners 2 to 4 by name Pinapatruni Sreeramulu executed a Will dated 03.01.2002 bequeathing the house property bearing assessment No.154, Door No.4-98/1, and land admeasuring Ac.2.00 cents in Sy.No.125/4 situated at Kotavurtla village in favour of petitioners 2 to 4. It is the case of the petitioners that their grandfather, during his life time, got cancelled the registered Will, dated 29.01.1980, executed by him earlier in favour of his daughter, namely, Bolisetti Gangarathnam and after his death, they have been in possession and enjoyment of the said property without any interruption from any corner. While so, the said Bolisetti Gangarathnam filed a caveat petition in respect of the said property, for which the petitioners got issued a reply notice. Thereafter, on 02.08.2008, the said Bolisetti Gangaratham got issued notice demanding the petitioners to vacate the aforesaid house and land, on the basis of the Will, dated 29.01.1980, which was cancelled subsequently. Thereafter, some disputes arose between the parties with regard to the subject property. The grievance of the petitioners is that on the oral complaint made by the said B.Gangarathnam before the Station House Officer, Kotavurtla Police Station, against them alleging that they have trespassed into the house in question and committed theft, the respondents are threatening them with dire consequences to vacate and handover the same to the said B.Gangarathnam and they are trying to interfere in the civil disputes. There is no necessity of going into all the details. While admitting the writ petition on 11.09.2008, respondents 2 and 3 were directed not to interfere with the possession of the petitioners in respect of the house in question without following the due process of law. A detailed counter affidavit has been filed by the 3rd respondent stating that the respondents are neither interfering with the possession of the petitioners in respect of the subject house nor they are interested in doing so, since the dispute is purely a civil dispute. Basing on the complaint given by the 3rd petitioner against the said Balisetti Gangaratnam and others on 14.09.2008 at 5.00 p.m., Crime No.42 of 2008 of P.S.Kotavurtla was registered for the offences punishable under Sections 324, 323 read with Section 34 IPC, and as a counter blast to the same, Crime No.43 of 2008 P.S.Kotavurtla was registered by the police for the offences punishable under Sections 324 and 323 read with Section 34 IPC, on the basis of the complaint given by the opposite party on the same day i.e., on 14.09.2008 at 07.15 p.m., and investigation is not yet concluded in both these crimes. In view of the averments made by the 3rd respondent in his counter, I deem it appropriate to direct the respondents not to interfere in the civil disputes between the petitioners and the said B.Gangaratnam in respect of the house in question. The writ petition is, accordingly, disposed of. No order as to costs. _____________ C.V.RAMUU, J 24th November, 2008. 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