IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.12430 of 2008 Between: Syed Maqsood Ali S/o.Syed Ahmed Razvi, R/o. Kamati Street, Nellore. ..... PETITIONER AND 1 The Station House Officer, 5-Town Police Station, Nellore. 2 Mr.Seetharamaiah, Circle Inspector, 5-Town Police Station, Nellore. 3 Syed Riyaz S/o.Ghouse Basha R/o.21-345, Jenda Street, Nellore. .....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 of Mandamus or any other appropriate writ or Writs, order or direction, declaring the action of Respondents No.1 and 2 in interfering with the civil disputes inter se petitioner and third respondent in respect of property admeasuring Ac. 0.72 cents in Sy.No.597/3 situated at Nellore, as illegal and arbitrary by consequently directing the respondents No.1 & 2 not to interfere with the civil disputes in respect of the above property; award costs and pass such other or further orders. Counsel for the Petitioner: MR.N.SREEDHAR REDDY Counsel for the Respondents 1 & 2: GP FOR HOME The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.12430 OF 2008 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents 1 and 2. According to the petitioner, he is the owner and possessor of the land admeasuring Ac.0.72 cents in Sy.No.597/3 situated at Nellore Town. It is his case that the 3rd respondent, who has no right or title over the said land, has been trying to trespass into the said land and therefore he filed a suit in O.S.No.393 of 2008 on the file of the Junior Civil Judge’s Court, Nellore, against the 3rd respondent, seeking permanent injunction in respect of the said land, and also obtained ad-interim injunction. While so, the 3rd respondent, with the help of the 2nd respondent- Circle Inspector of V Town Police Station, Nellore, started making construction of compound wall in the said property on 12.06.2008, in violation of the interim injunction orders granted by the Civil Court. Though the petitioner reported the matter to the 1st respondent- Station House Officer, V Town Police Station, Nellore, he refused to receive the complaint and on the other hand he is aiding the 3rd respondent in completing the construction of compound wall. It is the grievance of the petitioner that due to intervention of police in the civil disputes between him and the 3rd respondent, he is being put to great hardship and is unable to protect his property, though the Civil Court has granted interim injunction in respect of the said property. Hence, the present writ petition is filed seeking a direction to the respondents 1 and 2 not to interfere in the civil disputes pending between the petitioner and the 3rd respondent in respect of the subject property. A detailed counter-affidavit has been filed by the 1st respondent, wherein, while denying all the allegations made by the petitioner, it is stated that one Mr. B. Srinivasulu Reddy has lodged a complaint on 19.05.2008 before the respondent police station, alleging that on the same day i.e. on 19.05.2008 at about 5.00 p.m., one Mr. Syed Basha @ Oil Basha, resident of Ummareddy Gunta, Nellore, and Mr. Syed Hussaini Ahmed @ Shami, resident of Mansoor Nagar, Nellore, have trespassed into his land in Sy.No.597/3 situated at Ravindra Nagar, Nellore, removed the existing survey stones and erected new stones, and threatened him and others, who questioned their action. Basing on the said complaint, the Assistant Sub Inspector of Police registered a case in Crime No.83 of 2008 for the offences punishable under Sections 447, 434 and 406 I.P.C., and the 1st respondent has taken up investigation. It is further stated that the investigation conducted till date revealed that the accused in the said F.I.R. are no way concerned with the said land, but they forcibly entered into the same and destroyed the existing boundary stones and erected new stones. Further, the allegations of the petitioner that the 1st respondent refused to receive complaint from him and on the other hand helping the 3rd respondent in the construction of compound wall are denied, stating that no complaint whatsoever has been received from the petitioner. It is also stated that the 1st respondent did not provide any police protection to the 3rd respondent, and for the purpose of investigation in Crime No.83 of 2008 and on receipt of reliable information that the accused in said crime have again illegally trespassed into the land of the complainant, the police officials have visited the said land on 12.06.2008, only to know the truth. It is further categorically stated that the 1st respondent has never seen the 3rd respondent, and neither supported him nor interfered in civil disputes at any point of time. In view of the above counter averments and in the facts and circumstances of the case, the writ petition is disposed of directing respondents 1 and 2 not to interfere in the civil disputes between the petitioner and the 3rd respondent in respect of the property in question. No order as to costs. _________________ JUSTICE C.V. RAMULU 20th November, 2008. IBL