Dasari Naraiah v. The State Of Ap

THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.11851 of 2018 ORDER:

In this Writ Petition, the grievance of the petitioners is with regard to the interference on the part of the second respondent in civil disputes relating to the land in an extent of Ac.10.56 cents in Survey No.10/1 and an extent of Ac.11.35 cents in Survey No.13 of Kondagunta Village, Gudur Mandal, S.P.S.R. Nellore District, at the instance of respondents 3 to 5 and threatening the petitioners to dispossess them from the said land.

2.

Heard learned counsel appearing for the petitioners and learned Government Pleader for Home (A.P.) appearing for respondents 1 and 2. Perused the material record. 3.

Learned counsel for the petitioners would submit that in support of the contentions that the petitioners are in possession of the subject property, necessary documents like copies of pattadar pass books and pahanies/adangals are filed.

4.

Learned Government Pleader for Home, on written instructions, a copy of which is placed on record, would submit that on the complaint of one Veguru Radaiah, a case in Crime No.123 of 2014 was registered, on 17.07.2014, against the petitioners for the offences punishable under Sections 447, 427, 341, 471, 506 r/w 34 IPC, by the Station House Officer, Guduru Rural Police Station, SPSR Nellore

District; that on the complaint of one Oduru Aruna, a case in Crime No.149 of 2014 was registered, on 25.08.2014, against the petitioners herein for the offences punishable under Sections 467, 471, 447, 506 r/w 34 I.P.C and Section 156 (3) Cr.P.C., by the Station House Officer, Guduru Rural Police Station, SPSR Nellore District; that the investigation into both the crimes revealed that the disputes are of civil in nature; that the Sub Divisional Police Officer, Gudur, accorded permission to the Investigating Officer to file final reports referring the cases as civil in nature; that in that view of the matter, no interference was ever made by the police officer at the instance of the unofficial respondents with the alleged possession of the petitioners over the subject land; and, that the writ petition is filed with false allegations. 5.

Recording the said submissions, the Writ Petition is closed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall also stand closed.

_____________________________ M. SEETHARAMA MURTI, J Date: 10.04.2018 va