Daliparthi Kalahastheeshwar Rao v. The Government Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.19069 OF 2011 DATED 22nd JUNE, 2015 Between :

Sri Daliparthi Kalahastheeshwar Rao died per L.Rs.

...Petitioners

and The Government of Andhra Pradesh, represented by its Principal Secretary, Home Department and others.

...Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR

WRIT PETITION NO.19069 OF 2011

O R D E R

This writ petition was initially filed by one Daliparthi Kalahastheeshwar Rao alleging that the police authorities were interfering in his civil disputes with his sisters, respondents 5 and 6 herein. He further alleged that the police were forcing him to enter into a settlement with his sisters and were threatening to register false cases against him.

Admittedly, the dispute between the brother and the two sisters is the subject matter of two first appeals pending before this Court viz., A.S.Nos.518 and 519 of 2009.

The sole petitioner herein died and his sons and daughters came on record.

The Inspector of Police, Kothapet Police Station, Guntur District, filed a counter-affidavit stating that the petitioner had filed a petition before the Superintendent of Police, Guntur District, against his sisters regarding their dispute over the house property of their mother. The said petition was endorsed and forwarded by the Superintendent of Police to the Station House Officer, Kothapet Police Station. Thereupon, an enquiry was conducted by the police and it came to light that a civil dispute was pending between the parties. The Inspector therefore stated that the police authorities had nothing to do with the issue and that the petitioner was trying to involve the police to settle his personal scores with his sisters.

Though this counter-affidavit was filed as long back as in the year 2011, no reply affidavit was filed by the petitioner during his life time rebutting the contents thereof.

In that view of the matter, it is clear that the petitioner and thereafter his children are indirectly seeking to make their personal disputes with other family members the subject matter of this writ

petition. Such course of action is not available to them in law and all the more so, as the police authorities have clearly denied the allegations levelled by the original petitioner as to their interference in his civil disputes. The stand of the police as set out in the counteraffidavit is taken on record. The writ petition is accordingly dismissed.

Pending miscellaneous shall also stand dismissed. No order as to costs. ----------------------------- SANJAY KUMAR, J.

22nd JUNE, 2015 PGS