HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.8493 of 2010
Date: June 10, 2014
Between:
1. K.V. Bhanoji Rao & another.
… Petitioners And
1. The Director General of Police, Government of AP, Hyderabad, Andhra Pradesh & 4 others.
(The writ petition against respondents 1 and 2 is dismissed as withdrawn as per Court order dated 23.04.2010) … Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.8493 of 2010
O R D E R:
Heard learned counsel for the petitioners, learned Assistant Government Pleader for respondent No.3 and learned counsel for respondents 4 and 5.
2. The writ petition was filed seeking a direction to the 3rd respondent not to interfere with the civil disputes between the petitioners and respondents 3 and 4 in connection with Flat No.PH- 1 situated in Jyothi Residential Complex, D.No.11-2-8, Dasapalla Hills, Visakhapatnam.
3. This Court, by order dated 30.04.2010, directed the first respondent not to interfere with the civil disputes between the petitioners and respondents 3 and 4. Later on it appears that a contempt case was filed in C.C.No.1706 of 2011 which was dismissed on 23.02.2012 after considering the rival pleadings of the parties.
4. No counter-affidavit is filed by the official respondents in the instant case. But the learned counsel for respondents 3 and 4 submits that in view of the statement made by the 3rd respondent in the contempt case, this writ petition can be closed. He submits that in the said case a counter-affidavit was filed by the respondents stating that on 30.08.2010 one A.V. Krishnan, son of Venkateswara Rao, came to the police station and submitted a report to the effect that one Pothireddy Trinadha Rao and others have criminally trespassed into the pent house of his owner, Jagadish Prasad, threatened the security guards and tried to forcibly occupy the said house and the same was registered as Crime No.511 of 2010 under Sections 448 and 352 IPC and after completion of investigation a charge sheet was also filed on 22.02.2011 in the Court of the learned IV Additional Chief Metropolitan Magistrate, Visakhapatnam, and it was numbered as C.C.No.201 of 2011. The police have stated that they have nothing to do with the civil disputes and they are not interfering with the same. The learned Assistant Government Pleader states that his instructions are also to the same effect.
5. Recording the statement of the 3rd respondent that they are not interfering with the civil disputes between the parties, this writ petition is closed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 10, 2014 BSB
84 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.8493 of 2010
Date: June 10, 2014
BSB