HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.38322 OF 2014 Date:23.12.2014 Between:
Medisetti Raju .. Petitioner And The Sate of Andhra Pradesh, Rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.38322 OF 2014 ORDER:
The present Writ Petition is filed alleging that the Station House Officer, Gajuwaka Police Station – the 3rd respondent herein, is interfering with the petitioner’s civil rights and coercing him to settle the disputes with respondents 4 and 5. The dispute between the petitioner and respondents 4 and 5 is in respect of the land admeasuring 2000 sq. yards in Survey Nos.121/14, 121/15 and 121/16 situated besides Chaitanya Colony Srinagar, Gajuwaka Mandal, Visakhapatnam. The petitioner as well as respondents 4 and 5 claimed to be in possession of the subject land. While respondent No.5 gave a complaint on 28.10.2014 to the 3rd respondent, the petitioner also gave a complaint on 29.10.2014 before the same Police Station.
While the petitioner herein alleges that the official respondents are interfering and coercing him, the instructions of the learned Government Pleader for Home specifically state that except registration of crime, the Police are neither interfering nor coercing the petitioner. It is stated that the complaints of the 5th respondent as well as the petitioner were registered as Crime Nos.759 and 760 of 2014, respectively, on 14.12.2014 under various provisions of I.P.C. and the same were earlier investigated. It is further stated that for the purpose of investigation, the Police have visited the scene of offence and except that there is neither interference nor coercion by the Police, as alleged. It is further stated that the ownership of the land cannot be decided by the Police.
Having regard to the facts and circumstances of the case, this Court is of the view that except investigation, the official respondents have no further role with regard to the dispute as to the title and possession of the petitioner and the unofficial respondents, is apparent between the petitioner and respondents 4 and 5. Since the official respondents have denied the interference or coercing the petitioner, in my view, no further orders are necessary, except directing the Station House Officer, Gajuwaka Police Station, the 3rd respondent, to investigate the said crimes and take appropriate steps in accordance with law.
Subject to the above direction, the Writ Petition is disposed of.
There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
VILAS V. AFZULPURKAR, J
23.12.2014 KH