IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19666 of 2008 Between: 1 D.Ayyapu Reddy S/o D.Siva Reddy Koratamaddi(V) Gadivemula(M) Kurnool District and Presently H.No.46-1/M7-A 1st Floor,Ratnam Nilyam A Camp Kurnool District 2 Smt.Sanivarapu Manorama W/o.S.Malla Reddy G.Veerapuram(V) Kothapalli(M) Kurnool District 3 Y.Krishna Reddy S/o Late Venkata Reddy West Prathakota(V) Pagidyal(M) Kurnool District ..... PETITIONER(S) AND 1 The District Superintendent of Police Kurnool District Kurnool 2 The SHO III Town P.S Kurnool 3 D.Pulla Reddy S/o D.Lakshmi Reddy H.No.79-68 Krishnagar,Kurnool 4 D.Gangadhar Reddy S/o D.Pulla Reddy H.No.79-68 Krishnanagar, Kurnool 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 of Mandamus declaring the action of the respondent police in harassing the petitioners by interfering in civil disputes between petitioners and respondent 3to 4 as illegal, arbitrary without any manner of right and jurisdiction and in gross violation of art 14,19,21 of Constitution of India and consequently direct the respondent police not harass the petitioners and interfere in the Civil disputes. Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 19666 of 2008 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of the respondents – police officials in harassing the petitioners by interfering in the civil disputes between them and respondents 3 and 4 as arbitrary, illegal and in gross violation of Articles 14, 19 and 21 of the Constitution of India; consequently to direct them not to harass the petitioners and interfere with their civil disputes. While issuing notice before admission on 10.9.2008, respondents 1 and 2 were directed not to interfere with the civil disputes between the petitioners and the respondents 3 and 4, without following due process of law. It is the case of the petitioners that petitioners 2 and 3 and respondent No.3 herein started partnership business by opening stone crushing unit at Birapuram village, Orwakal Mandal, Kurnool District. While that being so, the 3rd respondent withdrew from the partnership. Thereafter, petitioners 1 to 3 started stone crushing unit in the name and style ‘Sri Venkateswara Stone Crushers’. The 4th respondent, along with 3rd respondent, started interfering with their business stating that initially 3rd respondent also participated in the process of starting the unit with an understanding that he should be given an amount of Rs.10,00,000/- towards profit, for which the petitioners made it clear to them that the 3rd respondent voluntarily withdrew from the business at the initial stage and not invested any amount, hence, the question of paying any amount to him does not arise. However, the 4th respondent, by using his power and position, managed the 2nd respondent to interfere in the matter. In turn, the 2nd respondent and his constable started harassing the petitioners by coming to their houses at Kurnool in the odd hours and giving warning to them stating that they have to settle the dispute with 3rd and 4th respondents by paying the amount demanded by them or else to face dire consequences. The constables also came to the factory premises more than 3 to 4 times and created havoc by making the petitioners and the workmen of the Unit scared with their warnings. It is the contention of the petitioners that at the instance of 3rd and 4th respondents, the 2nd respondent is harassing them by calling to the police station and asking them to settle the issue. There is no necessity of going into all the details. Respondent No.2 filed a detailed counter. At para 4 of the counter affidavit it is stated that no complaint whatsoever is either received or registered against the petitioners. He never harassed the petitioners nor sent any constable to the petitioners’ residential address or to their factory premises at any point of time. To settle their personal scores, the petitioners leveled baseless allegations against him. The intention of the petitioners in filing the present writ petition is to prevent the police from taking any action if any complaint is lodged against them in future. Be that as it may, since the respondent No.2 has stated that no complaint against the petitioners is either received or registered and that they were never called to the police station and no constable is visiting their houses or factory premises, the writ petition is disposed of directing the respondents 1 and 2 not to interfere with the civil disputes between the petitioners and the unofficial respondents, without due process of law. C.V. RAMULU, J. Date: 21-11-2-008. MVB.