HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 25755 OF 2008 DATED 26th November, 2014.
BETWEEN Smt. Chilla Appala Kondamma and ors ….Petitioners And The Commissioner of Police, Visakhapatnam City, Suryabaugh, Visakhpatnam and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 25755 OF 2008
ORDER:
Heard learned Counsel for the petitioner, learned Government Pleader for respondents 1 to 3 and learned Senior Counsel appearing for respondents 4 and 5.
This Writ Petition was filed challenging action of respondents 1 to 3 in interfering with the petitioners’ fundamental and constitutional rights in respect of their property admeasuring Ac.2.55 cents situated in Town Survey No.52/1B 1 of Block No.4 of Waltair Ward, Visakhapatnam.
This Court by order dated 25.11.2008 directed respondents 1 to 3 not to interfere with the civil disputes pending between the petitioners and respondents 4 to 8.
The Sub Inspector of Police, Task Force Police Station, Visakhapatnam filed a counter affidavit on behalf of respondents 1 to 3 stating that the learned II Additional Senior Civil Judge, Visakhapatnam sent a copy of the order to the first respondent on 18.10.2008 stating that one Smt. P.Kusumamba (R.4) and others filed a suit in O.S.No.1312 of 2008 wherein interim injunction was granted on 29.9.2008 restraining the respondents therein (R.7 herein) and 31 others from interfering with the peaceful possession and enjoyment of their petition schedule property. In I.A.No. 865 of 2008 filed by the petitioners in the said suit, it was stated that the respondents therein are making hectic efforts by mobilizing anti social elements to trespass into the petition schedule property and to dispossess the petitioners from the suit property and the Court below granted police aid in favour of the petitioners therein for implementing the orders dated 29.9.2008. After receipt of the said order with due endorsement of the first respondent, the third respondent along with staff visited the suit schedule property and noticed that no anti social elements nor any unlawful activities observed therein. At that time both the parties were present at the scheduled premises. The second respondent anticipating any untoward incidents, arranged police picket. It is further stated that the respondents-police never interfered in the civil matters and police picket is arranged to comply with the orders of the Court below.
In view of the aforesaid averments made by the third respondent in the counter affidavit, no further orders are necessary to be passed in the Writ Petition.
The Writ Petition is accordingly closed recording the statements of the third respondent. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 26th November, 2014. Msnrx