The District Collector cannot entertain an application seeking police protection in respect of a land dispute and convert it into a civil dispute because the acts alleged against the petitioner attract the provisions of the Indian Penal Code and it is only the police who can investigate into the same.

ORDER :

1. Heard Sri M. Srinivasa Rao, the learned counsel for the Petitioner, the learned Government Pleader for Revenue appearing on behalf of respondents 1 to 4 and Sri S. Pradeep Kumar, learned counsel for respondent No. 5.

2. This Writ Petition is filed praying to issue a Writ of Mandamus declaring the action of the 2nd respondent in entertaining the application filed by the 5th respondent dated 13.07.2020, by converting the criminal dispute into Civil dispute against the petitioner herein in connection with the land in Sy. No. 34/1 to an extent of Ac. 1.62½ cents of Venkatapuram Village and Mandal, Mulugu District and further called for the report from the 4th respondent through 3rd respondent is illegal and void and opposed to Articles 14, 19, 21 and 300 A of the Constitution of India and consequently, direct respondent Nos. 2 to 4 not to interfere with the petitioner’s peaceful possession and enjoyment of the land in Sy. No. 34/1 to an extent of Ac 1.62½ cents of Venkatapuram Village, Mandal Mulugu District without following due process of law.

3. The case of the petitioner, in brief, is as follows:

(a) The land in Sy. No. 34/1 to an extent of Ac. 1.62 ½ cents of Venkatapuram Village and Mandal, Mulugu District is under the possession and enjoyment of the petitioner, who raised agricultural crops like paddy without any interference of 3rd parties and authorities. The petitioner and his elder brother viz. Uppal Bikshapathi are joint family members and they purchased the subject land jointly by way of a settlement patta in the name of petitioner’s elder brother as he was the elder member of the petitioner’s family. Petitioner’s elder brother sold away his share in the subject land to the petitioner by taking Rs. 1,50,000/- in the year 2007. Since then the entire property was in the name of the petitioner even in the Revenue records and pattadar passbooks were also issued in his name.

(b) Respondent No. 5 highhandedly interfered with the agricultural operations of the petitioner in July 2020, the 5th respondent filed a criminal complaint against the petitioner in Venkatapuram Police Station and the same was registered under Sections 447 and 324 of IPC and later bail was also granted to the petitioner when the crime was under investigation.

(c) Respondent No. 5 without having any right or title over the petitioner’s land filed a complaint before Respondent No. 2 on 13.07.2020, seeking police protection by converting the Criminal dispute into a civil dispute and requested for police aid. Respondent No. 2 entertained the application and directed Respondent Nos. 3 and 4 to submit a report. Accordingly, Respondent No. 3 took statements from the neighbours and submitted report to Respondent No. 2 and Respondent No. 4 highhandedly threatened the petitioner by demanding illegal gratification and based on the report dated 16.07.2020, it is suspected that Respondent No. 4 is doing a favour to Respondent No. 5.

(d) Petitioner’s brother at the instance of Respondent No. 5, filed a suit against the petitioner before the Mobile Court, Bhadrachalam seeking an injunction and filed O.S. No. 97 of 2017 and also filed in I.A. No. 94 of 2017 seeking temporary injunction, which was dismissed by the Civil Court on 08.11.2017, on the ground of suppression of fact that Respondent No. 5 filed an application before Respondent No. 3 for cancellation of entries in revenue records for the subject land in the name of the petitioner, which was ordered on 21.10.2019, and the said orders were not communicated to the petitioner due to various reasons and Covid-19. The petitioner is going to file revision before the Joint Collector, Mulugu against the order dated 21.10.2019, but in the mean time there is a threat from respondents 2 to 4 in connection with the subject land and hence, in order to protect the interest over the subject land, the petitioner filed the present writ petition.

4. The counter affidavit filed by Respondent No. 5, in brief, is as follows:

(a)