THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.26523 of 2010 ORDER: This writ petition is filed with the prayer as under: “For the reasons disclosed in the accompanying affidavit, it is just and necessary that this Hon’ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of writ of mandamus giving the following reliefs: a) To declare that the action of the third respondent, in seizing the 2nd floor portion of House No.1-5-95/19, Sri Lakshminagar Colony, Old Alwal, Malkajgiri Mandal, Ranga Reddy District, on 18.09.2010, is highly illegal, arbitrary and without jurisdiction. b) To direct the 3rd and 4th respondents to immediately release the seized tenanted portion 2nd floor portion of H.No.1-5-95/19, Sri Lakshminagar Colony, Old Alwal, Malkajgiri Mandal, Ranga Reddy District, after conducting panchanama and inventory and hand over to the petitioner, c) To direct reasonable compensation to be paid to the petitioner by the respondents for the illegal act of seizure 2nd floor portion of H.No.1-5-95/19, Sri Lakshminagar Colony, Old Alwal, Malkajgiri Mandal, Ranga Reddy District, without mandate of law.” On 18.09.2010 at 19.45 hours, in Alwal Police Station, a complaint was received from one Sri Akula Krishna. It is stated by him in the complaint that he is having three daughters and one son, and his younger daughter’s marriage was performed on 30.04.2008 with the petitioner. It is further stated that there was a demand for additional dowry by the petitioner, his parents, sister, brother-in-law, and they harassed his daughter mentally and physically. It is also stated that on 18.09.2010, his daughter died by committing suicide due to the harassment meted out by the petitioner and others. Based on the said complaint, a case was registered in Crime No.516 of 2010 under Section 304-B IPC on the file of Alwal Police Station. It is the case of the petitioner that the respondents - police in connection with the said crime, have seized house bearing No.1-5-95/19, Sri Lakshminagar Colony, Old Alwal, Malkajgiri Mandal, Ranga Reddy District, where he is living as a tenant. Alleging that the said seizure is illegal, he seeks directions to the respondents for release of the aforesaid house to him by conducting a panchanama. Detailed counter-affidavit is filed by the fourth respondent - Inspector of Police, Alwal Police Station, Cyberabad Commissionerate. While giving details of the contents of the complaint in Crime No.516 of 2010, in the counter-affidavit, it is categorically stated that the investigating officer - third respondent has not seized house bearing No.1-5-95/19, Sri Lakshminagar Colony, Old Alwal, Malkajgiri Mandal, Ranga Reddy District, as such, the question of releasing the same does not arise. Although it is the case of the petitioner that his rented house was seized, the same is denied by the fourth respondent in the counter-affidavit. As much as there is no other material in support of the allegation of the petitioner that the house in question was seized by the police and in view of the statement made in the counter-affidavit that the respondents have not seized the alleged house at all, I dispose of the writ petition keeping open to the petitioner to occupy the said house, if he is continuing as a tenant in it and if it is not attached by any other legal proceedings. No order as to costs. _______________________ R.SUBHASH REDDY, J 6th DECEMBER, 2010. kvni