Dadi Mohana Rao, v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.24565 of 2012 ORDER:

The grievance of the first petitioner, who filed this writ petition, was as to the inaction on the part of the police authorities upon his representation-cum-report dated 01.07.2012.

Thereunder, he complained that respondents 7 and 8, along with other unruly elements, were interfering with the blind, deaf, dumb and mentally disabled children's school being constructed and run by him in an extent of Ac.6.00 cents in R.S.No.502/2 of A.Konduru Village and Mandal, Krishna District.

The first petitioner died on 14.04.2015 and his son came on record as the second petitioner.

The Assistant Sub-Inspector of Police, A.Konduru Police Station, Krishna District, filed a counter-affidavit stating that there was a civil dispute between the first petitioner and respondents 7 and 8 with regard to the subject property and that the first petitioner had secured a decree from the learned Principal Junior Civil Judge, Thrivuru, in O.S.No.12 of 2009 in this regard. Referring to the fact that the first petitioner had expired, the Assistant Sub-Inspector of Police contended that it was for the second petitioner, his son, to obtain suitable orders from the competent civil court. In the light of the afore-stated facts, it is left open to the second petitioner to seek appropriate remedies in accordance with law in the event respondents 7 and 8 resort to unlawful activities in relation to the subject property.

The police authorities would be mindful of the fact that even if the dispute is civil in nature, it could also have connotations in criminal law depending upon the actions of the parties. In the event the parties resort to any criminal activity, the police authorities are bound to take action in accordance with law notwithstanding the fact that the dispute between the parties is essentially of civil nature.

Subject to the above observations, the writ petition is disposed of.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 29th October, 2015 IBL