Pallothu Aswini Kumar v. The Inspector Of Police,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.20280 of 2012 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue writ of Mandamus to declare the action of their Respondent and their subordinates in interfering in civil dispute by threatening the petitioner from entering into the land of the petitioner i.e. to an extent of Ac.4.00 Cts out of Ac.8.97 Cts in R.S. No. 322/1 of Pathapadu Village, Vijayawada Rural Mandal, Krishna District as illegal, unauthorized, high handed and arbitrary and violation of Article 14, 19 & 21 of the Constitution of India and consequently direct the 1st respondent and their subordinates not to interfere in civil disputes by threatening the petitioner from cultivating the land to an extent of Ac.4.00 Cts out of Ac.8.97 Cts in R.S.No.322/1 of Pathapadu Village, Vijayawada Rural Mandal, Krishna District."

Heard Sri K. Ravindra Kumar, learned counsel for the petitioner and learned Government Pleader for Home for respondents, apart from perusing the material available before this Court.

A counter-affidavit is filed by the 1st respondent and paragraph No.9 of the said counter-affidavit reads as under: "9. It is respectfully submitted that, except registering the above two crime against the petitioner herein on the file of the Nunna Rural Police Station, this respondent has never harassed, threatened and interfered with civil dispute between the petitioner and 2nd respondent with regard to the petitioner's land in R.S.No.322/1 admeasuring

Ac.4-00 cents, situated at Pathapadu village, Vijayawada Rural Mandal, Krishna District."

While referring to the same, it is requested by learned counsel for the petitioner to record the said averments in paragraph No.9 of the counter-affidavit filed by the 1st respondent and dispose of the writ petition.

In view of the above, the writ petition stands disposed of, by recording the averments made in paragraph No.9 of the counteraffidavit filed by the 1st respondent. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. There shall be no order as to costs. ___________________ A.V. SESHA SAI, J January 27, 2016 PN THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.20280 of 2012 January 27, 2016 PN