Rayala Srinu v. The State Of Andhrapredesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.35782 of 2015 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus, by declaring the action of the 5th respondent in harassing the petitioner at the instigation of the respondent No.6 by interfering in civil disputes, as illegal, arbitrary and against the principles of natural justice and violative of Article 14,19 and 21 of Constitution of India. Consequently, direct the respondents not to interfere in doing cultivation of the petitioner leased land an extent of Acs.2.62 cents in Sy.No.6-1 of Vemulanarva Revenue Village, Vatsavai Mandal, Krishna District by harassing the petitioner by calling him to police station of the 5th respondent and pass such other order or orders as may deem fit and proper in the circumstances of the case."

The Sub-Inspector of Police, Vatsavai Police Station, Krishna District, filed a counter-affidavit stating that the 6th respondent had lodged a complaint before the Vatsavai Police Station against the petitioner and on the basis thereof an entry was made in the General Diary and an enquiry was undertaken. However, such enquiry revealed that there was a civil dispute between the petitioner and the 6th respondent pending in O.S.No.142 of 2001 on the file of the learned Principal Junior Civil Judge, Jaggaiahpet, Krishna District. The allegation of the petitioner that he was summoned to the police station 15 times since 01.10.2015 and was subjected to detention and torture was denied. The Sub-Inspector further stated that the police authorities were discharging their duties and maintaining the law and order situation, but never resorted to harassment or threatening of the petitioner in the context of his civil dispute with the 6th respondent. He further stated that except receiving the complaint of the 6th respondent and making a preliminary enquiry, there was no

interference by the police authorities with the life and liberty of the petitioner.

In the light of the unrebutted counter-affidavit averments extracted supra, which are duly taken on record, no adjudication is required in this writ petition which is accordingly closed. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

___________________________ SANJAY KUMAR, J Date:20.01.2016 GJ