IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21724 of 2007 Between: Kandakatla Ram Reddy & others. … Petitioners AND The Sub-Inspector of Police, Jinnaram, Medak District & others. … Respondents Counsel for the petitioners : Sri S.V. Ramana for Sri O. Manohar Reddy Counsel for respondent No.1: AGP for Home This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21724 of 2007 ORDER:- This writ petition is filed for a Writ of Mandamus to declare the action of respondent No.1 in interfering with the petitioners’ possession of an extent of Ac.2.15 guntas in Sy.No.494 of Gummadidala Village, Jinnaram Mandal, Medak District, as illegal, arbitrary and unconstitutional. The petitioners also sought of a consequential direction to respondent No.1 not to interfere with their possession of the said property. Heard Sri S.V. Ramana representing Sri O. Manohar Reddy, learned counsel for the petitioners and the learned Assistant Government Pleader for Home and perused the record. In the affidavit filed in support of the writ petition, it is mentioned that there is a dispute over certain lands in Sy.No.464 of Gummadidala Village, Jinnaram Mandal, Medak district and that civil litigation in this regard is pending in the Court of District Munsif, Narsapur. The petitioners allege that on 03.10.2007 respondent No.1 came to the property in dispute along with respondent Nos.4 to 7 and 15 others and warned them not to enter into the possession of the said property and respondent No.1 assisted respondent Nos.4 to 7 to enter into the property. This action of respondent No.1 is questioned in this writ petition. Respondent No.1 filed counter affidavit in which it is inter alia stated that the Tahsildar, Jinnaram Mandal vide his letter dated 21.09.2007 addressed to him stated that the Joint Collector, Medak endorsed on the grievance petition filed by one Kandakatla Ram Reddy, son of Dharma Reddy on 10.09.2007 to verify the records and provide police protection to the original holder of land in Sy.No.494 admeasuring Ac.2.15 cents, that respondent Nos.4 to 7 filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) in the Court of Judicial First Class Magistrate, Narsapur and on reference of the said complaint by the Magistrate under Section 156 (3) Cr.P.C., he registered Crime No.134 of 2007 for the offences under Sections 447, 427, 504 and 506 read with 156 (3) Cr.P.C. on 12.11.2007 and that investigation was taken by him and completed and charge sheet was filed in the Court of Judicial First Class Magistrate, Narsapur in CC.No.339 of 2007. He further denied the allegation of the petitioners that he is, in any manner, interfering with their possession and asserted that except registration of crime based on the private complaint filed by respondent Nos.4 to 7, he never interfered with the civil disputes nor restrained the petitioners from entering into their property. No reply affidavit has been filed to controvert the allegations contained in the counter affidavit. In view of the stand taken by respondent No.1 that he is not interfering with the civil disputes between the petitioners and respondent Nos.4 to 7, the same is placed on record and the writ petition is disposed of as infructuous. As a sequel to disposal of the writ petition as infructuous, WPMP.No.28171 of 2007 filed by the petitioners for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 21.04.2008 ES