Kolapalli Sridevi v. Government Of A.P.

HON'BLE SRI JUSTICE S.V.BHATT W.P. No.24438 OF 2012 ORDER:

The petitioners pray for the following relief: "... WRIT OF MANDAMUS declaring the action of the S.I. of Police, Guduru P.S., Krishna District, the 5th Respondent herein in obtaining the alleged undertaking dated 28-07-2012 from the Writ Petitioners as arbitrary illegal, unjust. contrary to law, without the authority of law, in violation of the fundamental rights conferred under Articles 14, 19 & 21 and the constitutional right guaranteed under Article 300-A of Constitution of India and Order 21 of C.P.C. and issue the consequential direction not to interfere in the civil disputes of the Writ Petitioners and the 6th Respondent herein in the interest of justice..."

The 5th respondent on the allegations in the writ affidavit states as follows:

"In reply to para Nos.5 and 6 of the affidavit, it is submitted that the allegation of the petitioner that one Mr.S.Veera Venkata Rao-6th respondent herein gave a complaint on 27.7.2012 to this respondent police station stating that he purchased the property in the court auction held on 4.11.2011 and the property was delivered to him by the field assistant on 18.6.2012 and when he was doing agricultural work in the lands, the petitioners herein tried to interfere with him and threatened him with dire consequences is false and hence the same is denied. The allegation of the petitioner that on the said complaint dated 27.7.2012, this respondent took a letter of undertaking on 28.7.2012 from them forcibly and without registering any crime on the said complaint, simply called them to the police station and basing on the letter of undertaking causing severe threat to them is utterly false, baseless and hence the same is denied. In this regard it is respectfully submitted that as of now, no complaint whatsoever is received or registered against the petitioners herein on the file of

Guduru Police Station, Krishna District. I submit that the dispute of the petitioners herein as well as the 6th respondent is purely civil in nature and hence this respondent police has nothing to do with it." Mr.Prabhakar requests the Court to place the stand of respondent No.5 on record and dispose of the writ petition. The statement is accepted and the writ petition is disposed of accordingly. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT,J Date: 31.01.2017 Stp