Telangana High Court
WP/24122/2004 of Kovvuru Subba Raju, Vs The Commissioner of Police, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No: 24122 of 2004 Between: Kovvuru Subba Raju, s/o Rama Raju, r/o Lakshmi Nagar,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION No: 24122 of 2004
Between:
Kovvuru Subba Raju, s/o Rama Raju, r/o Lakshmi Nagar, Sanivada Village, Sabbavaram Mandal, Visakhapatnam.
..... PETITIONER
AND
1 The Commissioner of Police, Visakhapatnam.
2 The Circle Inspector of police, Gajuwaka, Visakhapatnam.
3 The Sub-Inspector of Police, Gajuwaka, Visakhapatnam.
4 Nori Jagadamba, d/o D.Surya Pradasha Rao, rep., by its GPA Holder D.Surya Prakasa Rao, s/o late D.Satyanarayana, aged 89 years, Venkata Rajunagar, Visakhapatnam.
5 Duvvuri Satyanarayana, s/o D.Surya Pradasha Rao, rep., by its GPA Holder D.Surya Prakasa Rao, s/o late D.Satyanarayana, aged 89 years, Venkatarajunagar, Visakhapatnam.
6 Shonthi Sivaramakrishna Murthy, s/o Santi, rep., by its GPA Holder D.Surya Prakasa Rao, s/o late D.Satyanarayana, aged 89 years, Venkatarajunagar, Visakhapatnam.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an appropriate writ, order or direction, more particularly one in the nature ofwrit of mandamus declaring the action of the respondents 2 and 3, in interfering withcivil dispute as highly arbitrary, illegal and as violative of Art.21 and consequentially direct the respondents 2 and 3, not to call the petitioner day in and day out andinterfere with his life and liberty.
Counsel for the Petitioner: MR.T.M.K.CHAITANYA
Counsel for the Respondent Nos.1 to 3: GP FOR HOME; None for RR 4 to 6.
The Court at the admission stage made the following:
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ORDER:
The petitioner states that there were some disputes between himself andrespondents 4 to 6 in respect of an item of immovable property and that he filedO.S.No.387 of 1994 in the Court of Principal Junior Civil Judge, Anakapalle. Thesuit was decreed on 24.09.2001 and the decree is said to have become final. It isalso represented that suits being O.S.Nos.502, 503 and 504 of 2004 on the file of theJunior Civil Judge, Gajuwaka, filed by respondents 4 to 6 are said to have beendismissed for default. The grievance of the petitioner is that even after his rightswere upheld by the Civil Court, respondents 2 and 3 are interfering with hispossession over the land, at the instance of respondents 4 to 6.
Heard learned counsel for the petitioner and learned Government Pleader for Home.When the petitioner apprehended interference with his rights by respondents 4 to 6,he filed a suit and obtained a decree. The similar attempts made by respondents 4 to6 against the petitioner are said to have failed. The petitioner and respondents 4 to 6have already worked out their remedies in civil Court and they are under obligationto abide by the same. There does not exist any justification or basis for respondents 2 and 3 to interfere with the civil disputes between the petitioner and others.
Hence, the writ petition is disposed of directing that respondents 2 and 3 shall notinterfere in any manner with the civil disputes in relation to the property held by thepetitioner. There shall be no order as to costs.
Note: Issue C.C. by tomorrow.(B/o)
Jsu
__________
29.12.2004
To
1 The Commissioner of Police, Visakhapatnam.
2 The Circle Inspector of police, Gajuwaka, Visakhapatnam.
3 The Sub-Inspector of Police, Gajuwaka, Visakhapatnam.
4 2 CCs to the G.P. for Home, High Court of A.P., Hyderabad (OUT).
5 2 CD copies.