Maddali Mohan Kalyan Babu v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE S.V.BHATT W.P.No.37237 OF 2017 ORDER:

The petitioners pray for the following relief: "...this Hon'ble Court may be pleased to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring action of the 4th respondent in trying to interfere with the petitioner's possession and enjoyment of the property in Ground, 1st and 2nd floors of Morning Meadows, situated in Door No.59A-16-1/5, Teacher's Colony, Vijayawada city as illegal, arbitrary and without any authority of law and consequently restrain the 4th respondent or any other police officers in any way interfering with the petitioner's possession and enjoyment of the said property and pass....."

The grievance of petitioners is that the respondents are interfering in civil dispute. The Assistant Government Pleader (Home) on instructions submits that the respondents are not interfering with the petitioners' possession of the subject matter of writ petition. Having regard to the facts and circumstances of the case, the writ petition is dismissed by granting liberty to the petitioners to file a comprehensive suit against the private parties who are interfering with petitioners and also the officers against whom allegations are made that they are acting as agents of such private parties. Since such actions, if are true or not in connection with continuation of investigation of a crime, the officers will be doing such acts at their cost and expense. The writ petition is, accordingly, dismissed. There shall no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ____________ S.V.BHATT, J 07th November, 2017 Lrkm