While so, when respondent Nos.4 and 5, who are the neighbour owners, tried to interfere with the land in question, the petitioner filed O.S.No.150 of 2010 before the Court of the Principal Junior Civil Judge, Nuzvid, for permanent injunction against respondent Nos.4 and 5. Along with the suit, I.A.No.616 of 201 for temporary injunction was also filed. The Court below, by order dated 23.09.2010, granted temporary injunction till 06.10.2010 and thereafter extended the same. In spite of the said order, respondent Nos.4 and 5 tried to interfere with the possession of the petitioner and her wife over the land in question and therefore, the petitioner gave a complaint dated 30.09.2010 to respondent Nos.2 and 3 requesting for necessary action against respondent Nos.4 and 5. Alleging that no action has been taken so far by respondent Nos.1 to 3 on the said complaint against respondent Nos.4 and 5, the petitioner filed the present writ petition.

THE HON'BLE SRI JUSTICE G.CHANDRAIAH

WRIT PETITION No.100 of 2011

ORDER:

          This writ petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 3 in taking action against respondent Nos.4 and 5 pursuant to the complaint dated 30.09.2010 of the petitioner as illegal and arbitrary.

          The case of the petitioner is that his wife is the absolute owner and possessor of the land to an extent of Acs.2.26 cents in R.S.No.34/1B and 34/1C situated at Remalle Village, Bapulapadu Mandal, Krishna District, having purchased the same under a registered sale deed bearing document No.391 of 2009, and since the purchase they have been in possession and enjoyment of the same.  While so, when respondent Nos.4 and 5, who are the neighbour owners, tried to interfere with the land in question, the petitioner filed O.S.No.150 of 2010 before the Court of the Principal Junior Civil Judge, Nuzvid, for permanent injunction against respondent Nos.4 and 5.  Along with the suit, I.A.No.616 of 201 for temporary injunction was also filed.  The Court below, by order dated 23.09.2010, granted temporary injunction till 06.10.2010 and thereafter extended the same.  In spite of the said order, respondent Nos.4 and 5 tried to interfere with the possession of the petitioner and her wife over the land in question and therefore, the petitioner gave a complaint dated 30.09.2010 to respondent Nos.2 and 3 requesting for necessary action against respondent Nos.4 and 5.  Alleging that no action has been taken so far by respondent Nos.1 to 3 on the said complaint against respondent Nos.4 and 5, the petitioner filed the present writ petition.

          The learned Government Pleader for Home, while supplying the written instructions, submitted that against the complaint of the petitioner dated 30.09.2010, Crime No.7 of 2011 has been registered on 11.01.2011.

          The submission of the learned Government Pleader is recorded.  With the registration of Crime No.7 of 2011 on the petitioner’s complaint dated 30.09.2010, the grievance of the petitioner of inaction on the part of respondent Nos.1 to 3 has been redressed. 

          Accordingly, the writ petition is disposed of.  No costs.

         

__________________

(G.CHANDRAIAH, J)

12^th January, 2011

Note:  Issue operative portion by wire  at party’s costs.

(B/o)

         GHN/AMD