IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4951 of 2009 Between: M. Jagdhish S/o. Late Shyam Rao R/o. H.No. 12-2-417/46/16, Sharada Nagar Guddimalkapur, Hyderabad. ..... PETITIONER AND Circle Inspector of Police P.S. Tappachabutra, Hyderabad. .....RESPONDENT 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 or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in summoning and detaining the petitioner in P.S. as highly arbitrary illegal and unlawful. Counsel for the Petitioner:MR.R.SATYANARAYANA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R: The petitioner asserts that he purchased a house bearing MCH No.12-2-417/46/16 consisting of Ground + First Floor and a Plot No.16 admeasuring 322 sq. yards of land situated at Sharada Nagar, Hyderabad under an Agreement of Sale-cum-GPA from one Mahidhar Chandra. While so, on 3.3.2009, the respondent along with one K.Madhavi Chandra, who is the sister of the petitioner’s vendor, came to his house and threatened to evict them from the house and handover possession of the premises to her, failing which he would be dispossessed forcibly from the schedule property. Again on 4.03.2009, at about 11.00 A.M., the respondent took him to the police station and threatened him to vacate the house and handover the keys of shutters of ground floors portion to him within 48 hours. Then, the petitioner lodged a complaint to the Commissioner of Police, Hyderabad, but his grievance is that the Commissioner of Police, Hyderabad has not initiated any disciplinary proceedings against the respondent for summoning the petitioner to the police station. The respondent filed counter affidavit inter alia denying the averments made in the affidavit filed in support of the writ petition and stated that on 3.3.2009, K.Madhavi Chandra lodged a complaint alleging that her father gifted to her 101 sq. yards i.e. a portion of the property bearing MCH.No.12-2-417/46/16 situated at Sharada Nagar, Hyderabad under registered gift deed dated 7.11.2008 and she has been in possession and enjoying the same by way of running a clinic in it. While so, taking advantage of her absence, her brother, Mahidhar Chandra trespassed into her house and threatened to sell her share of property and also one Ravinder came to her along with three goondas and threatened her to sell her share of property and when she refused to do so, Ravinder forcibly rented her house to unknown persons. Based on the complaint lodged by her, the respondent registered a case in Cr.No.25 of 2009 against Mahidhar Chandra and others for the offences punishable under Sections 448, 506 IPC and during the course of investigation when the respondent visited the premises in question along with the complainant, K.Madhavi Chandra, he found two persons namely Srikanth and Madan, who are the sons of the petitioner, inside the house. On enquiry, they revealed that they had purchased the house from one Mahidhar Chandra and the same was got registered in the name of the petitioner through Ravinder and the respondent after enquiry asked the sons of the petitioners to produce relevant documents and they said that they are with the petitioner, who was out of station and as soon as he returns they would produce them, and the investigation is still in progress. It is further stated that the respondent never interfered in civil disputes in the said case. Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondent. In view of the detailed averments made in the counter affidavit in connection with the grievance of the petitioner and having regard to the fact that the investigation is still in progress, no further orders are required to be passed in this writ petition and the same is accordingly closed. No costs. ______________ N.V.RAMANA, J 30th March 2009 bcj