IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1910 of 2008 Between: 1 G. Ramachandra Reddy S/o. Chinna Narayana Reddy R/o. Upparapalli Village, Chennur Mandal, Kadapa District. 2 A. Chandra Obul Reddy S/o. Konda Reddy R/o. Aravetipalli Village, Pendlimarri Mandal, Kadapa District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, Rep. by its Superintendent of Police, Kadapa District, Kadapa. 2 The Circle Inspector, Chinnachowk Police Station, Chinnachowk, Kadapa City & District. 3 The Sub Inspector of Police, Chinnachowk Police Station, Chinnachowk, Kadapa City & District. 4 Garisa Venkata Reddy S/o. Rami Reddy District. 5 Garisa Bhagya Lakshmi W/o. Rami Reddy District. 6 Garisa Soumya D/o. Rami Reddy District. 7 Devagudi Padmaja Reddy W/o. D. Shamsunder Reddy R/o.D.No. 20/1018, R.K. Nagar, Cooperative Colony, Kadapa City & 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 an appropriate order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents No. 2 & 3 in interfering with the rights of the petitioners over the land in an extent of Ac 4.00 cents situated in SY.No. 28/1 of Chinnachowk Village Fields, Chinnachowk, Kadapa City & District at the instance of the respondents No. 4 to 7 as arbitrary, illegal, and violative of the fundamental & Constitutional rights guaranteed to them under Articles 14, 21 & 300-A of the Constitution of India and consequently direct the respondents No. 2 & 3 not to interfere with the rights of the petitioners over the land in an extent of Ac 4.00 cents situated in Sy.No. 28/1 of Chinnachowk Village Fields, Chinnachowk, Kadapa City & District and pass such other order or orders Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.1910 of 2008 ORDER: In this writ petition, the petitioners seek a Writ of Mandamus, to declare the action of the respondents 2 and 3 in interfering with their land covered by Sy.No.28/1, admeasuring Ac.4.00, situated in Chinnachowk Village Fields, Chinnachowk, Kadapa District, as illegal, arbitrary, and consequently direct the respondents 2 and 3 not to interfere with their possession. It is the grievance of the petitioners that on the complaint made by respondents 4 to 7, respondents 1, 2 and 3, under the guise of investigation, in Crime No.328 of 2007, are interfering with their possession and also pressurizing them to settle the dispute, which existed inter se, between the petitioners, and respondents 4 to 7. Precisely, it is their case that in view of the civil nature of dispute, it is not open for the respondents 2 and 3, to interfere with their dispute. A counter-affidavit is filed on behalf of the 3rd respondent, wherein it is stated that one G.Venkata Reddy, the 4th respondent herein, has lodged a complaint before the Police, based on which a case in Crime No.328 of 2007 was registered, on 28-12-2007, for the offences punishable under Sections 447, 427 read with Section 34 of I.P.C. In the complaint, it was stated that the accused therein, including the petitioners herein, went to his fields, and formed themselves into an unlawful assembly, and trespassed into the fields, with harvest machines and tractors, and thereby committed mischief by harvesting the paddy crop with the machines, brought by them, and that they took away the paddy bags, and that there is ample evidence collected during the course of investigation, and therefore, the accused therein, including the petitioners, committed the offence. They were arrested on 02-01-2008, and later on remanded to judicial custody. With regard to the alleged interference by the Police, it is categorically stated in the counter affidavit that they have neither threatened the petitioners, nor forced them to settle the dispute between themselves and respondents 4 to 7. When there is a complaint of trespass is filed, and a case was registered, in Crime No.328 of 2007, for the offences, as alleged, it cannot be said that there is interference by the Police. In the process of investigation, the Police can gather evidence, in connection with the said crime. Further, in the counter-affidavit, there is a specific denial of interference by the Police, and pressurizing them, to settle the dispute. As it is stated that the investigation has almost come to an end, I deem it appropriate to dispose of the writ petition, with a direction to respondents 2 and 3, to file the final report in the crime, referred to above, as contemplated under Section 173 of Cr.P.C., as expeditiously as possible. It is, however, made clear that, as there was a complaint of trespass by the complainant in the above crime, it is open to the Police to independently investigate into the matter; and any observations made by this Court shall not be construed as a final pronouncement on the merits of the case. Subject to the above observation, the writ petition is disposed of. There shall be no order as to costs. ____________________ R. SUBHASH REDDY, J. Dt.25-02-2008. KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}