Sambarika Kanaka Raju v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 22360 of 2016 ORDER :

This Writ Petition came to be filed with the following prayer:

"...to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 3rd respondent in interfering with the civil disputes between the petitioners and the 4th respondent in respect of the land of an extent of Ac.4.88 cents in S.No.43/2, Bakkannapalem Village, Visakhapatnam, as illegal, arbitrary and violative of principles of natural justice and contrary to the Art.19 of the Constitution of India and consequently direct the 3rd respondent not to interfere with the civil disputes between the petitioners and the 4th respondent in respect of the land of an extent of Ac.4.88 cents in S.No.43/2, Bakkannapalem Village, Visakhapatnam and to pass..."

2. Heard the learned counsel for the petitioners and the Assistant Government Pleader for Home for the State of Andhra Pradesh appearing for respondents 1 to 3. At their request, the Writ Petition is being taken up for disposal at the admission stage. Since this Court is not adjudicating the case on merits, it may not be necessary to hear respondent No.4.

3. The case of the petitioners is that there is a civil dispute pending between them and respondent No.4 in respect of land admeasuring Ac.4.88 cents situated in

Survey No.43/2, Bakkannapalem Village, Visakhapatnam which is subject matter of Original Suit No.511 of 2016 on the file of the II Additional Senior Civil Judge, Visakhapatnam. It is averred that at the instance of respondent No.4, respondent No.3 and his staff are compelling the petitioners to compromise the matter.

4. Learned Assistant Government Pleader, on instructions, states that the averments in the Writ Petition are false and the respondent-police are not interfering in civil dispute that is existing between the parties.

5. Recording the said submission, the Writ Petition is disposed of making it clear that any action taken by the police shall be only in accordance with law.

Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed in the light of this final order. No order as to costs.

______________________ C.PRAVEEN KUMAR, J 12.07.2016 DRK THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR

W.P.No.22360 of 2016 12.07.2016