IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 12688 of 2004 BETWEEN: Vallabhaneni Prasad, S/o Paddaiah, Presently R/o TPT Colony, Visakhapatnam rep., by his GPA Holder Tottempudi Devakinandan, S/o late Lakshminarayana, aged about 30 years, Dasapalla Hills, Visakhapatnam. ... PETITIONER AND 1 Station House Officer, Gajuwaka P.S., (L&O), Visakhapatnam. 2 The Commissioner of Police, Visakhapatnam. 3 Special Grade Deputy Collector, Land Acquisition for Steel Plant, Opp: Zilla Parishad, Visakhapatnam. 4 Dubbaka Anand, S/o Suryanarayana, Claiming to be the Chairman of the Village Goddess Temple Committee, Kanithi at Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam District 5 Pragada Papaiah, S/o Papaiah, R/o Kanithi Rehabilitation Colony, Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam District. 6 Sarnala Kondalrao @ Appalakonda, s/o Narayana, R/o Kanithi Rehabilitation Colony, Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam District. 7 Chitrada Venkataramana, S/o Mutyalu, R/o Kanithi Rehabilitation Colony, Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam District. 8 Gandhvarapu Satyanarayana, S/o Kondaiah, R/o Kanithi Rehabilitation Colony, Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam District. 9 Vanrasi Venkatarao, S/o Veera Swamy, R/o Kanithi Rehabilitation Colony, Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam District. 10 Garbhana Kannaiah, S/o Musallaiah, R/o Kanithi Rehabilitation Colony, Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam District. 11 Pragada Venubabu, s/o Suryanarayana, R/o Kanithi Rehabilitation Colony, Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam District. ...RESPONDENTS 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 writ or order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the 1 and 2 respondents against the attempts of the respondents 4 to 11 forcibly dispossess the petitioner by using criminal forces from the petitioner's land an extent of Ac.1.00 out of Ac.1.30 cents in survey No.11/4B of Vadlapudi Village, Gajuwaka Mandal of Visakhapatnam district in spite of the decree against them by the II Additional Subordinate Judge, Visakhapatnam dated 13-04-1993 in O.S.no.180/92 as illegal, arbitrary, unjust and in utter disregard to the constitutional guarantees and to consequently direct the 1 to 3 respondents to take immediate action against the 4 to 11 respondents not to disturb the possession and enjoyment of the petitioner of his land an extent of Ac.1.00 cents in S.No.11/4B of Vadlapudi Village of Gajuwaka Mandal of Visakhapatnam District as decreed by the II Addl. Subordinate Judge at Visakhapatnam in O.S.No.180/92. Counsel for the Petitioner: MR.K.SARVA BHOUMA RAO Counsel for the Respondents No.1 & 2: GP FOR HOME Counsel for the Respondents No.3: GP FOR LAND ACQUISITON The Court made the following: ORDER: Petitioner seeks a Writ of Mandamus declaring the inaction of the 1 and 2 respondents against the attempts of the respondents 4 to 11 forcibly dispossess the petitioner by using criminal forces from the petitioner's land an extent of Ac.1.00 out of Ac.1.30 cents in survey No.11/4B of Vadlapudi Village, Gajuwaka Mandal of Visakhapatnam district in spite of the decree against them by the II Additional Subordinate Judge, Visakhapatnam dated 13-04-1993 in O.S.no.180/92 as illegal, arbitrary, unjust and in utter disregard to the constitutional guarantees and to consequently direct the 1 to 3 respondents to take immediate action against the 4 to 11 respondents not to disturb the possession and enjoyment of the petitioner of his land an extent of Ac.1.00 cents in S.No.11/4B of Vadlapudi Village of Gajuwaka Mandal of Visakhapatnam District as decreed by the II Addl. Subordinate Judge at Visakhapatnam in O.S.No.180/92. 2. Counter has been filed stating that the police have nothing to do with the civil disputes between the petitioner and the unofficial respondents. However, the respondents 4 to 6, who are the Councillors of 30th and 28th wards of Gajuwaka Municipality and Chairman, Temple Committee of Village Goddess, Kanithi, filed a complaint stating that the vacant land was allotted and possession was given to the temple committee authorities for construction of temple by the Special Officer, Land Acquisition, Steel Plant, vide his proceedings Rc.No.368/80 R1, dated 20.04.1991 and certain persons illegally trespassed into the said land. Meanwhile a copy of the representation dated 28.07.2004 sent by the petitioner was received by the second respondent and accordingly enquiry was conducted and found that the matter relates to civil disputes as both the parties are claiming title over the said land. Therefore, both the parties were advised to settle their civil disputes before the appropriate forum but the official respondents never interfered with the rights of either party. 3. In view of the aforesaid facts and circumstances, I am of the opinion that when a dispute relates to civil nature, the police cannot give any protection or interfere with the right, title or possession, unless the original owners obtain appropriate orders from the civil Court. However, it is for the petitioner to settle the civil dispute before the civil Court. Therefore, the petitioner is not entitled to any relief in the writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 24, 2008 DSK