IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12902 of 2009 Between: Nallabelli Lingaiah S/o. Late Peddaiah R/o. Kothularam Village, Munugode Mandal, Nalgonda District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary (Home), Secretariat, Hyderabad. 2 The Office of the Superintendent of Police, rep. by its Officer, Nalgonda District. 3 The Sub-Inspector of Police, Police Station Munugode, Nalgonda District. 4 Mekala Anjaiah S/o. Mallaiah R/o. Kothularam Village, Munugode Mandal, Nalgonda District. .....RESPONDENTS Counsel for the Petitioner: MR.P.SUBASH Counsel for Respondent Nos.1 to 3: AGP FOR HOME The Court made the following : ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent No.3, in restraining the petitioner from entering the lands in Survey Nos.235, 1236 and 241 of Kothularam Village, Munugode Mandal, Nalgonda District, through his letter, dated 22-06-2009, as illegal and unconstitutional. The petitioner and respondent No.4 are locked in a civil dispute with regard to an extent of Ac.7-03 cents in Survey No.235 of Kothularam Village, Munugode Mandal, Nalgonda District. Respondent No.4 and his brothers filed O.S.No.252 of 2007 on the file of the Senior Civil Judge, Nalgonda, for preliminary decree for partition and allotment of half share in the said property The petitioner claims to be contesting the said suit by filing a written statement and that the suit is still pending. The grievance of the petitioner is that on respondent No.4 approaching respondent No.3, the latter called the petitioner to the Police Station and served the impugned letter restraining both the parties from entering the above-mentioned land. In the counter-affidavit filed by respondent No.3, it is inter alia stated that the petitioner submitted a representation to the Deputy Superintendent of Police, Nalgonda, on 21-06-2009, which was endorsed to respondent No.3 with the direction to verify the documents of both the parties and give protection to pattadars only, and if not, bind them to go to the concerned authority for redressal; that while advising the parties to go to civil Court, he issued letter, dated 22-06-2009, only with an intention to make the parties approach the civil Court and obtain appropriate order and to prevent law and order problem. In my considered view, respondent No.3 should have nothing to do with the civil dispute. Of course, the present situation, which lead to issuance of the impugned letter by respondent No.3, is the petitioner’s own creation. Admittedly, he approached the Deputy Superintendent of Police, Nalgonda, for his intervention in a civil dispute. Respondent No.3, who purportedly acted in pursuance of the directions of his superior, issued the impugned letter. He has no jurisdiction to restrain either party from entering the lands, as such a power and jurisdiction is vested only in the competent Civil Court. Therefore, the impugned letter is set aside. The petitioner and respondent No.4 are left free to approach the competent civil Court for seeking appropriate orders. The Writ Petition is allowed accordingly. ___________________________ (C.V.NAGARJUNA REDDY, J) 21st July, 2009 lur