Andhra Pradesh High Court - Amravati
Shaik Mahabi Meharoon Bi vs The State Of Ap on 1 November, 2019
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.10827 OF 2019
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in interfering with Petitioners property at the instance of the 4th respondent situated at Bapatla, Guntur District as illegal, arbitrary, violative of Article 14, 19 and 21 of the Constitution of India and principles of natural justice"
The petitioner is the resident of Bapatla, Guntur District, eking out his livelihood by doing cooly work. Respondent No.4 filed a suit against the petitioner and the same was decreed, filed execution petition. Executing Court ordered execution, Decree Holder participated in the auction and got the same by delivery of the property through court process in the year 2018. The petitioner has been in possession and enjoyment of the remaining property out of total extent by raising thatched house, but respondent No.4 due to eyesore, to knock away the entire property, under the guise of delivery warrant tried to interfere with the possession and enjoyment of the property instigating the respondents to interfere with the possession and enjoyment of the property of the petitioner and such act of the respondent Nos.1 to 3 at the instance of respondent No.4 is illegal and arbitrary.
Learned counsel for the petitioner contended that when the petitioner is the owner and he is in possession and enjoyment of the property, the police have nothing to do with the property and they cannot interfere with the possession and enjoyment of the property of the petitioner in the absence of registration of any crime.
MSM,J WP_10827_2019 2 Learned Assistant Government Pleader for Home placed on record written instructions dated 22.08.2019 informing that a private complaint was filed by respondent No.4 against the petitioner before the Additional Junior Civil Judge, Bapatla and the Jurisdictional Magistrate referred the complaint to the police by exercising power under Section 156 (3) of Cr.P.C. On receipt of reference from the Magistrate, police registered a case against the petitioner in Crime No.181 of 2019 of Bapatla Town Police Station for the offence punishable under Sections 448, 354, 323, 506 and 509 read with 34 of I.P.C. and it is pending for investigation.
One of offences registered against the petitioner is punishable under Section 448 of I.P.C. relating to immovable property claimed by the petitioner, in such case police as part of investigation may enter into the property; that does not mean that they are interfering with the right of the petitioner. Therefore, the action of the respondent Nos.1 to 3 in entering into the property as part of investigation cannot be said to be violative of principles of natural justice and Articles 14, 19 and 21 of the Constitution of India. Hence, I find no ground to issue Writ of Mandamus as claimed by the petitioner. Consequently, the writ petition is liable to be dismissed.
In the result, the writ petition is dismissed. No costs. The miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 01.11.2019 Ksp