VINJAM RAJAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) The main ground urged in the affidavit filed along with this petition before this Court is that the dispute is purely civil in nature between this petitioner and respondents 6 to 8 pertaining to different extent of lands in different survey numbers of Gottigundalapalem Village of Kondapuram Mandal, SPSR Nellore District. But the 5th respondent is interfering with the civil disputes at the instance of respondents 6 to 8 and such action of the 5th respondent is now questioned before this Court on the ground that they are not entitled to interfere with the civil disputes, more particularly when the suit in O.S.No.174 of 1988 on the file of the Principal Junior Civil Judge, Kavali filed against the husband of this petitioner and others for declaration, was dismissed on 09-07-1999. But still the police are making necessary efforts to interfere with the civil disputes.

(3.) Learned Government Pleader for Home fairly conceded that the 5th respondent is unconcerned with the civil disputes and not interfering and gave undertaking that they will not interfere with the civil disputes, unless any crime is registered for cognizable offence, except addressing a letter to the Tahsildar to conduct survey to find out who is in possession. The 5th respondent is nothing to do with the possession of the property, more particularly when the suit was dismissed and even if any dispute is with regard to possession, it is for the parties to redress their claim before the competent civil Court and police cannot interfere with such civil disputes. Time and again, this Court issued directions to the police not to interfere with the civil disputes.