WP/22834/2004 of R.V. Satyanarayana S/o Late Bangarayya Vs The Station House Officer, Makavarapalem 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 : 22834 of 2004

Between:

1 R.V. Satyanarayana S/o Late Bangarayya Rachapalli Village, Makavarapalem Mandal, Visakhapatnam District2 R. Venkateswara Rao S/o Late Bangarayya Rachapalli Village, Makavarapalem Mandal, Visakhapatnam District Rachapalli Village, Makavarapalem Mandal, Visakhapatnam District2 R. Venkateswara Rao S/o Late Bangarayya Rachapalli Village, Makavarapalem Mandal, Visakhapatnam District

AND

..... PETITIONERS

The Station House Officer, Makavarapalem Police Station, Visakhapatnam, Visakhapatnam District

.....RESPONDENT

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 a Writ of Mandamus or any other appropriate Writ, order or directiondirecting the respondent to take action on the complaint of the petitioner dt 28-6-2004 and to provide police protection to the petitioners to protect theirpossession and enjoyment of the land Ac. 14-00 in Sy. No. 95 of TamaramVillage, Makavarapalem Mandal Visakhapatnam District.Counsel for the Petitioner:MR.D.KRISHNA MURTHY

Counsel for the Respondent: GP FOR HOME

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

Petitioners claim to be the cultivating tenants of the land in survey No.95 ofRamaram village, Makavarapalem Mandal, Visakhapatnam district. They statethat when they were sought to be dispossessed from the land having beendeclared as excess, they filed L.R.A. No. 1 of 2002 and obtained interim ordersto protect their possession. They also filed W.P.No.7347 of 2003 when theirpossession was alleged to have been disturbed despite the interim ordersgranted by the Appellate Tribunal. The present complaint of the petitioners isthat even while the orders granted by the Appellate Tribunal are in force, somethird parties are interfering with their possession and when they complained thematter to the respondent, he has not taken any steps.

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

The petitioners have already availed the remedy of appeal before the LandReforms Appellate Tribunal. The nature and subject matter of the appeal or thepurport of the interim orders granted therein is not the subject matter of this writpetition. The grievance of the petitioners is that some third parties arethreatening to dispossess them and even after submission of a complaint, therespondent has not taken any steps.

The identity of the persons, who sought to interfere with the possession, andthe nature of the rights, if any, pleaded by such persons, cannot constitute thesubject matter of any steps by the respondent. It is only when any criminal acttakes place that he can step in. If the petitioners apprehend interference withtheir possession by the third parties, they have to seek appropriate relief in a civil Court in the form of temporary injunction etc. No direction as such can begiven to the respondent to take or resist from taking any particular steps.

Hence, the writ petition is disposed of leaving it open to the petitioners toapproach the competent civil Court and obtain appropriate orders to protecttheir rights. No order as to costs.

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28.12.2004

ksld

To

1 The Station House Officer, Makavarapalem Police Station, Visakhapatnam, Visakhapatnam District 2 Two CCs to the Government Pleader for Home, A.P.High Court Buildings,Hyderabad (OUT).Hyderabad (OUT).

3 Two CD copies.