IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 15863 of 2009 Between: P. Wadood Khan, S/o. Late P. Ali Khan, Akavidu Village, Racherla Mandal, Prakasham District. ..... PETITIONER AND 1 The Superintendent of Police, Prakasham District at Ongole. 2 The Deputy Superintendent of Police, Markapuram, Prakasham District. 3 The Circle Inspector, Giddaluri Police Station, Prakasham District. 4 The Station House Officer, Giddaluri Police Station, Prakasham District. 5 M. Gouse Baig, R/o. H.No.51/971-A1, Community Employees Colony, Ashok Nagar, Near Water Tank, Kurnool Town & District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly in the nature of Writ of Mandamus, declaring the action of the respondents in interfering with the civil dispute in respect of land extent Ac. 12-00 cents in Sy.No. 1498, 1499 and 1502 Akavidu Village, Racherla Mandal, Prakasam District which is the subject matter in OS No. 120/2004 before the junior Civil Judge, Giddalur as arbitrary, illegal and violation of principles of natural justice and consequently direct the respondents not to interfere with the civil dispute in respect of land extent Ac. 12-00 cents in Sy.No. 1498, 1499 and 1502 Akavidu Village, Racherla Mandal, Prakasam District interest of justice Counsel for the Petitioner:MR.P.NAGENDRA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.15863 OF 2009 ORDER: 1 According to the petitioner there are civil disputes between himself and the fifth respondent and in that context a suit i.e. O.S.No.120 of 2004 is pending before the Junior Civil Judge at Giddalur. The petitioner filed written statement and is contesting the suit. As the fifth respondent has acquaintance with the second respondent, at his instance, the respondents 3 and 4 are trying to interfere with the peaceful possession of the petitioner herein and hence he approached this Court and filed the present Writ Petition. 2 On instructions the learned Assistant Government Pleader submitted that there is a civil dispute between the parties with regard to the land to an extent of C.12.00 in Sy.No.1498 etc., of Akavidu Village, Racherla Mandal, Prakasam District and on the basis of a report given by the fifth respondent a case in Cr.No.47 of 2009 was registered against the petitioner for the offences punishable under sections 447 and 427 of IPC on 20.6.2009. Except registering the said crime, according to the learned Assistant Government Pleader, the police have never interfered with the civil disputes of the petitioner and simply because a case in Cr.No.47 of 2009 was registered, the petitioner approached this court and filed the present Writ Petition. 3 In the light of the said instructions, this court is of the view that on mere apprehension only the petitioner approached this court and filed the present Writ Petition. Hence this Writ Petition deserves no consideration. However, the police are hereby directed not to interfere in any civil disputes relating to the petitioner without following due procedure under law. 4 Accordingly the Writ Petition is disposed of. No order as to costs. -------------- 19.08.2009 kvsn