V. Venkata Murali Krishna, v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE T.AMARNATH GOUD WRI T PETI TI ON NO. 34502 OF 2015 ORDER:

The main grievance of the petitioner is that under the guise of registration of FIR on the file of P.S. Bandlamottu, Guntur district, respondent No.3 is interfering with his peaceful possession and enjoyment over his agricultural lands.

Mr. A.Ramesh Babu, learned Assistant Government Pleader, places on record, the written instructions dated 28.10.2015 furnished by the Sub-Inspector of Police, Bandlamottu Police Station, Guntur Rural district, wherein it is categorically stated that pursuant to registration of Cr.No.76 of 2015 against the petitioner, the police took up investigation and found that civil suits in O.S.Nos.145 to 147 of 2015 are pending with regard to the disputed land. It is further stated in the written instructions that a case in Cr.No.125 of 2015 is also registered against the petitioner and the police took up investigation. Hence, learned Assistant Government Pleader submits that it cannot be termed as unlawful interference.

Having regard to the facts and circumstances of this case, this Writ Petition is disposed of directing the 3rd respondent Station House Officer, Bandlamottu P.S. that for the purpose of any investigation into the matter, he shall issue a notice to the petitioner to make available his appearance by indicating the date and time for his presence in the police station to co-operative with the investigation.

It is needless to observe that the Police shall not interfere with the peaceful possession and enjoyment of the petitioner over his agricultural lands since the matter relates to a civil dispute. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

_____________________ T. AMARNATH GOUD,J Date: 14.12.2018 KPM