THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.26410 of 2008 Between:
K. Venkateswarlu PETITIONER AND 1. The Station House Officer, Ongole Taluk Police Station, Ongole, Prakasam District, and others.
RESPONDENTS ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Home.
This writ petition was filed challenging the action of the 1st respondent in interfering with the peaceful possession and enjoyment of Baron bearing licence No.20-011-092 situated in Sy.No.3/2 (New Sy.No.14) of Maddiralapadu Village, Naguluppalapadu Mandal, Prakasam District.
The learned Government Pleader for Home submits that the 3rd respondent lodged a complaint dated 19.10.2008 and the same was registered by the 1st respondent as Crime No.358 of 2008 for the offence under Sections 447, 427, 506 r/w 34 IPC and took up investigation. In the said complaint the petitioner was shown as Accused No.1 and his son was shown as Accused No.2. The learned counsel for the petitioner states that a criminal case was filed and the petitioner was acquitted in the said case. The case as to the civil dispute is pending between the petitioner and the 3rd respondent, which is now the subject matter of A.S.No.51 of 2007. The learned Government Pleader for Home submits that the writ petition is filed on mere apprehension and without any basis. He, however, submits that the 1st respondent is not interfering with the civil dispute or with the possession of the petitioner.
In view of the same, the writ petition is dismissed granting liberty to the parties to agitate their rights before the competent civil Court as to the possession. No order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed.
A. RAMALINGESWARA RAO, J.
28th November, 2014 Js.