Kode Kantha Rao v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.12623 of 2012 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue writ of Mandamus to declare the action of the respondents 1 to 4 in interfering in civil disputes pertaining to land to an extent of Ac.3.96 cents in Sy.No.87/3, (Old Sy.No.26) situated at Lakshmidevipeta Revenue Village, Bhadrachalam Mandal, Khammam District and consequently direct the respondents 1 to 4 not to harass the petitioner by calling the petitioner to the police station forthwith and pass."

Heard Sri S. Madan Mohan Rao, learned counsel for the petitioner and learned Government Pleader for Home for respondents, apart from perusing the material available before this Court.

A counter-affidavit is filed by the Sub-Inspector of Police, Bhadrachalam Town Police Station and paragraph Nos.4 and 5 of the said counter-affidavit read as under:

"4. It is respectfully submitted that the allegation of the petitioner that the 4th respondent is calling him to the Police Station regularly since 4 months under the influence of the 5th respondent and his men and further alleged that the respondents 1 to 4 under the influence of the 5th respondent are unnecessarily involving and interfering in the civil disputes pertaining to his land and calling him to the Police Station, Bhadrachalam and manhandling him and threatening him to leave all the rights of ownership and possession over his land are absolutely false, baseless and invented for the purpose of filing the present writ petition and hence the same are totally denied.

5. I humbly submit that this respondent police never

interfered with the civil disputes much less the dispute of the petitioner herein. Having bore grudge against the 5th respondent herein, the petitioner made baseless and frivolous allegations against this respondent police." On noticing the above said averments made in the counteraffidavit, learned counsel for the petitioner has requested this Court to record the said averments and dispose of the writ petition. In view of the above submission, the writ petition stands disposed of, by recording the averments made in the counteraffidavit as mentioned supra. There shall be no order as to costs. The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________ A.V. SESHA SAI, J January 04, 2016 PN THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.12623 of 2012 January 04, 2016 PN