IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 8449 of 2008 Between: 1 Smt. Rekha Patel W/o. Sri. Manoj Kumar, R/o. H.No. 6-22, Opposite to Kukatpally Bus Depot. Hyd 2 Smt.Mamata Patel W/o. Sri Ramesh Patel R/o. H.No. 6-22,Opp: to Kukatpally Bus Depot, Hyd. ..... PETITIONERS AND 1 The Station House Officer, Miyapoor P.S., Miyapoor, Ranga Reddy Dsitrict 2 B.Mallesh Yadav S/o. B.Laxmaiah Yadav R/o. H.No. 1-48, Hafeezpet Village, Near Miyapoor, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent herein in not investigating the Crime even after a lapse of 1 1/2 years, though the 2nd respondent unlawfully continuing the possession without arresting by the 1st respondent till the date as illegal improper and unjust, consequently direct the 1st respondent to complete the investigation and take further action against 2nd respondent. Counsel for the Petitioner:SMT.A.PADMA Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.8449 of 2008 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the 1st respondent in not investigating the crime registered against the 2nd respondent even after a lapse of 1 ½ years, though the 2nd respondent is unlawfully continuing in possession without being arrested, as arbitrary and illegally. According to the petitioners, they entered into an agreement dated 03.01.2004 with one P.Venkateswara Rao in respect of the land admeasuring 281.40 square yards in Plot No.96 in Sy.No.44/5 and 19 situated at Maktha Mahaboobpet village, Sarlingampalli Mandal, Ranga Reddy District, and that on the same day i.e., on 03.01.2004 possession was delivered in their favour and since then they have been in possession of the said property. While that being so, the 2nd respondent, who has also entered into an agreement in the year 2006 with regard to the same land, trespassed into the said land by fixing the electrical metre and constructing a compound wall thereon. Thereupon, the petitioners gave a complaint to the police on 16.11.2006 against the 2nd respondent and the police have registered the same as Crime No.437 of 2006 under Sections 447 and 506 of IPC. The grievance of the petitioners is that though they got registered the said crime against the 2nd respondent on 16.11.2006, but the same is not being investigated into by the first respondent. Hence, this writ petition. There is no necessity of going into all the details. Learned Government Pleader appearing for the 1st respondent, on instructions, submits that the investigation with respect to Crime No.437 of 2006 is completed and a final repot was filed before the IX Metropolitan Magistrate, Cyberabad, on 17.12.2006, stating that it is purely a civil dispute, and therefore, no further action in this matter can be taken by the police. Recording the aforesaid submission of the learned Government Pleader, the writ petition is closed. No order as to costs. _____________ C.V.RAMULU,J 21.11.2008 v v