IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE K.C. BHANU TAKEN UP WRIT PETITION No. 11181 of 2008 Between: Kairunnisa D/o.Late Md.Abdul Sattar R/o.17-3-198/8, Yasrafnagar, Yakutpura, Hyderabad. ..... PETITIONER AND 1 The Station House officer, Rein Bazar, Hyderabad 2 The Deputy Commissioner of Police, South Zone Hyderabad 3 The Commissioner of Police, Basheerbagh, Hyderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order direction or a writ more particularly one in the nature of writ of mandamus to call for the records and remarks from the Respondents herein in and connected to (i) harassment of the petitioner by the Mohd. Ishaq Mohd. Abdul Jabber, Smt. Rafeerqunnisa, Smt.Rahamathunnisa, Mohd. Abdul Gaffar, since 15 years with the support of Old City Gundas, Rowdies and Pahelmans (ii) trying to grab petitioner house and threatening by filing of false cases (iii) and not taking any action on the complaint of petitioner before Station House Officer, Rein Bazar and not taking action against said persons and hence this Hon`ble court may be pleased to pass. Counsel for the Petitioner : TELEGRAM Counsel for the Respondents : GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11181 of 2008 ORAL ORDER : (per the Hon’ble Sri Justice D.S.R.Varma) Heard the petitioner, who appeared in person, as well as the learned Assistant Government Pleader, representing the learned Government Pleader for Home, appearing for the respondents. 2. This writ petition is taken up basing on a telegram, dated 22-05- 2008, sent by one Ms. Kairunnisa, D/o. late Md. Abdul Sattar, resident of 17-3-198/8, Yasrafnagar, Yakutpura, Hyderabad, seeking Writ of Mandamus to call for the records and remarks from the Respondents herein in and connected to (i) harassment of the petitioner by the Mohd. Ishaq Mohd. Abdul Jabber, Smt. Rafeerqunnisa, Smt.Rahamathunnisa, Mohd. Abdul Gaffar, since 15 years with the support of Old City Gundas, Rowdies and Pahelmans (ii) trying to grab petitioner house and threatening by filing of false cases (iii) and not taking any action on the complaint of petitioner before Station House Officer, Rein Bazar and not taking action against said persons. 3. The main grievance of the petitioner is with regard to cancellation of the alleged Will Deed, dated 08-11-1993, made in her favour, bequeathing the entire house property in which she is residing now. The said Will Deed was cancelled by her father on 17-11-1998 and executed a Gift Deed on the same day donating the entire property in favour of Jamia-E-Nizamia (Trust working for the betterment of Muslims), situated at Shibligunj, Hyderabad. It is her further grievance that the Station House Officer, Rein Bazar, Hyderabad, is not taking any action in spite of giving many complaints against her brother and that the police are harassing her by way of extending support to her brother and insulting her. 4. A counter affidavit has been filed by the Inspector of Police, Rein Bazar Police Station, Hyderabad, stating inter alia that this is purely a civil dispute, inasmuch as the same had generated from the cancellation of the disputed Will Deed, dated 08-11-1993. It is stated that the petitioner has been making series of complaints against her brother viz., M.A.Gaffar and his family members stating that they have been harassing her and their investigation reveals that all those complaints are totally false and the dispute is relating to property only. He further stated that necessary G.D. entries have been made as and when complaints were received from the petitioner. It is also stated that in response to the notice given by the Legal Services Authority, he has submitted a written representation on 09-04- 2008 placing all the above said facts before the said Authority. 5. Obviously, having failed in all her attempts, the petitioner had resorted to issue this telegram to this Court. As could be seen from the facts stated in the counter affidavit and the revelations of investigation, there are some property disputes between the petitioner and her family members, which have to be resolved in appropriate Court of law. If there is any alleged harassment by the brother of the petitioner or by the police, the petitioner has to approach the Magistrate concerned in accordance with law. 6. Viewed from any angle, the writ petition does not call for any interference by this Court and the same is liable to be dismissed. 7. Accordingly, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 24-06-2008 Msr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House officer, Rein Bazar, Hyderabad 2 The Deputy Commissioner of Police, South Zone, Hyderabad. 3 The Commissioner of Police, Basheerbagh, Hyderabad. 4 2 C.Cs. to the Government Pleader for Home, High Court Buildings, Hyderabad (OUT). 5 2 CD copies THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C.BHANU TAKEN UP WRIT PETITION No.11181 of 2008 24-06-2008 (Msr)