WP/22928/2004 of Yerramalla Satyanarayana, Vs The Sub-Divisional Police Officer, on 28 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 22928 of 2004

Between:

Yerramalla Satyanarayana, S/o. Pullaiah, R/o. Nimmalagudem, Buttaigudem Mandal, West Godavari District.

AND

..... PETITIONER

1 The Sub-Divisional Police Officer, Jangareddigudem, West GodavariDistrict.

2 The Sub-Divisional Magistrate/ Revenue Divisional Officer,Jangareddigudem, West Godavari District.

3 The Station House Officer/ Sub-Inspector of Police, Buttaigudem Police Station, Buttaigudem, West Godavari District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleasedto issue order direction Writ more particularly Writ of MANDAMUS declare theaction of the respondents in not taking action on the petitioner's complaint dt.19-8-2004 as being illegal arbitrary and violative of Article 14 and 300-A of theConstitution of India and Consequentially direct the respondents to providenecessary police protection to the petitioner's to provide necessary police protection to the petitioner's land situated in R.S.Nos 14 Ac.3.00 cts andR.S.No.17 Ac.3.00 cts of Koyarajahmundry Village, Buttaigudem Mandal, WestGodavari District.

Counsel for the Petitioner:MR.P.R.K.AMARENDRACounsel for the Respondents: GP FOR HOME

The Court at the stage of admission made the following ORDER:

Petitioner claims to be the owner of agricultural land in survey Nos. 14 and 17of Koyarajahmundry village, Buttaigudem mandal, West Godavari district. Hecomplains that certain persons claiming to be the tribal in the area, areinterfering with his possession and enjoyment over the land and are preventinghim from cultivating the land and harvesting the crop. He alleges that though hesubmitted complaint to the third respondent in this regard, no action has beentaken thereon.

Heard learned counsel for the petitioner and learned Government Pleader forHome.

The writ petition was initially listed for admission on 10.12.2004. LearnedGovernment Pleader for Home took time to obtain instructions. It is stated thaton receiving the complaint from the petitioner, the third respondent has takenall possible measures to prevent any interference or commission of unlawfulactivities.

The complaint submitted by the petitioner needs to be attended to by the thirdrespondent. It is the obligation of the State to accord necessary protection toenable the citizens to enjoy their rights. If there exists any dispute as to the titleor possession, the parties concerned can be required to resolve their disputesbefore the civil Courts. However, indiscriminate interference without claimingany rival right cannot be permitted.

For the foregoing reasons, the writ petition is disposed of directing the thirdrespondent to take necessary steps in the matter of according protection to thepetitioner to enjoy his rights over the land. No order as to costs.

------------------------

ksld

To

1 The Sub-Divisional Police Officer, Jangareddigudem, West GodavariDistrict.

2 The Sub-Divisional Magistrate/ Revenue Divisional Officer,Jangareddigudem, West Godavari District.

3 The Station House Officer/ Sub-Inspector of Police, Buttaigudem Police Station, Buttaigudem, West Godavari District.

4 Two CCs to the Government Pleader for Home, A.P.High Court Buildings,Hyderabad (OUT).

5 Two CD copies.