Petitioner filed a writ petition seeking mandamus against police officers for allegedly interfering in a civil land dispute. The court examined a police report finding allegations false and dismissed the petition as based on mere apprehension.
No order as to costs.
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HON’BLE MR. JUSTICE R. SUBHASH REDDY Writ Petition No.4245 of 2007
Date: March 22, 2012
Between:
Parimala Venkateswara Rao
… Petitioner
And
The Superintendent of Police, Nellore District, Nellore and others
… Respondents
Order:
This writ petition is filed seeking mandamus to declare the action of respondents 2 to 4 in interfering with
the civil disputes between the petitioner and the 5th respondent as illegal and arbitrary.
It is the case of the petitioner that he is the owner and possessor of Ac.15.04 cents of dry land situated in Sy.No.1967 of Divipalem village, Gudur Mandal, Nellore District having inherited the same from his ancestors. The 5th respondent, with intent to purchase the aforesaid property, approached him and entered into an agreement, but failed to proceed further in view of some disputes; as such the agreement was cancelled.
It is the grievance of the petitioner that, at the instance of the 5th respondent, respondents 2 to 4 are insisting to execute sale deed in favour of the 5th respondent.
At the stage of admission, when it was the case of the petitioner that he filed a representation dated 11.12.2006 before the 1st respondent bringing the aforesaid facts to his notice for taking action, this Court, by order dated 02.03.2007 directed the 1st respondent to consider the said representation and pass appropriate orders. It is stated that pursuant thereto, enquiry was conducted by the Additional Superintendent of Police, Nellore and a report was submitted to the Superintendent of Police, Nellore. A copy of the report, which is placed on
record, indicates that the allegations made against respondents 2 to 4 are false. It appears, this writ petition is filed on a mere apprehension. In view of the findings recorded in the report of the Additional Superintendent of Police, Nellore, no relief, as sought, can be granted.
Writ petition is accordingly dismissed. No order as to costs.
(R. SUBHASH REDDY, J)
March 22, 2012 MRR
1 issue framed by the court
Whether the action of respondents in interfering with civil disputes between petitioner and another party was illegal and arbitrary.
Parimala Venkateswara Rao
The Superintendent of Police, Nellore District
R. SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
