IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24467 of 2004 Between: A.Ramakrishna Rao, S/o.Satyanarayana, R/o.Mandalapalli (V), Dammapet (M), Khammam District. ..... PETITIONER AND 1 State of A.P. rep.by its Principal Secretary, Home Department, Secretariat, Hyderabad. 2 Superintendent of police, Khammam District, Khammam. 3 Sub-Divisional police officer, Sathupalli Division, Sathupalli (M), Khammam District. 4 Station House officer, Dammapet police Station, Dammapet Mandal, Khammam District. 5 Mandal Revenue officer, Dammapet (M), Khammam 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, order or direction more particularly one in the nature of writ of Mandamus declaring the in action on the part of the respondents onthe report submitted by the petitioner on 6-12-2004 and to protect his life, liberty and properties from the hands of culprits named therein and their followers is illegal, irregular and violative of articles 14, 19, 21 and 300-A of Constitution of India and also violative of provisions of code criminal procedure and consequently direct the respondents to take necessary action on his report, dt.6-12-2004 and protect his person and properties and pass such other order or orders. Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24467 of 2004 ORDER: It is the case of the petitioner that he is the absolute owner and possessor of the lands admeasuring Ac.2-35 gts. in Sy.No.193, Ac.5-14 gts. in Sy.No.293, Ac.4-28 gts. in Sy.No.294, Ac.6-00 gts. in Sy.No.713/39 and Ac.1-20 gts. in Sy.No.713/31 situated at Akinapalli Revenue Village, Dammapet Mandal, Khammam District, having acquired from his ancestors. It is stated that the petitioner was also granted pattadar pass book and title deeds and there is no dispute with regard to the ownership of the said lands and the petitioner himself raising crops in the said lands. While so, as there was some obstruction from Tribals, the petitioner made a representation before the 4th respondent on 06-12-2004 seeking necessary police protection. But, the police have not take any action so far. This court while admitting the writ petition on 31-12-2004, directed the respondents to accord protection to the petitioner to harvest the crop on the lands held by him, if necessary, he shall take assistance of the 5th respondent, pending further orders. A counter has been filed on behalf of respondents 3 and 4 stating that there are certain disputes between the tribals and non-tribals and, therefore, the police could not act upon the representation, dated 06-12-2004. If there is no claim by the rival claimants and if prima facie title is established, it is the duty of the police to give necessary police protection to protect the property of the citizens. If the title is in dispute, it is for the civil court to resolve the dispute and the police cannot interfere with the civil disputes. However, if there is no dispute with regard to the right, title and if the 3rd parties are making attempt to interfere with the property, on filing representation seeking necessary police protection, it is the duty of the police to consider and dispose of the same in accordance with law. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 4th respondent to accord protection to the petitioner as and when the petitioner approaches by way of representation. There shall be no order as to costs. __________ 17-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JA}