THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.15783 of 2009 Date: 07-10-2009 Between: Shaik Hassan … Petitioner And The Superintendent of Police, Medak at Sanga Reddy and others … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.15783 of 2009 ORDER: This writ petition has been filed seeking Writ of Mandamus declaring the action of the respondents 2 and 3 in calling the petitioner and his family members to the Police station daily in connection with a civil dispute in O.S. No.84 of 2008 on the file of Junior Civil Judge, Narasapur, Medak District, as illegal, arbitrary and in violation of Article 21 of the Constitution of India and consequently direct them not to call the petitioner and his family members to the Police station daily in connection with the said suit. The case of the petitioner, in brief, is that there was a total land to an extent of Acs.5.33 guntas in Survey No.463 of Rustumpet Village limits, Narasapur Mandal, Medak district. Since it was ancestral property it was partitioned between himself and his brother Mr. Sk.Syed with an extent of Acs.2-32 guntas and Acs.2-31 guntas, respectively and their names were mutated in the revenue records with regard to their respective shares and got issued pass books and title deeds in their names. Ever since from the date of partition, they are in peaceful possession and enjoyment of their respective shares without any interruption. While the things stood thus, petitioner’s brother Sk.Syed created false documents in his favour regarding the whole land to an extent of Acs.5-33 guntas as if he is the owner of said land and sold it to the 4th respondent. Based on he said false documents, the 4th respondent filed O.S. No.84 of 2008 and obtained permanent injunction in respect of the entire land against the petitioner. Questioning the said injunction, the petitioner filed an appeal in CMA. No.7 of 2008 and eventually partly allowed the appeal vacating the injunction in respect of the land to an extent of Acs.2-32 guntas out of total extent. As there was no injunction in respect of the land to an extent of Acs.2-32 guntas, the petitioner fenced and boundary stones were erected to protect the land fallen to his share. Even in spite of vacated the injunction, in respect of the land to an extent of Acs.2-32 guntas, the 4th respondent and his sons namely Sk.Hussain and Sk.Khaled criminally trespassed the land and damaged some boundary stones by breaking them into pieces and committed theft of boundary stones. In such circumstances, son of the petitioner namely Sk.Amjad lodged a complaint before the Station House Officer, Narasapur under Section 447, 427 and 379 IPC against the 4th respondent and his son, who were arrested and released on bail. After releasing on bail, they bored grudge against the petitioner and his family members and managed the respondents 2 and 3, who are calling the petitioner and his family members daily to the Police station and threatening them with dire consequences for compromising with the 4th respondent in connection with the said suit, which is illegal, arbitrary and in violation of principles of natural justice under Article 21 of the Constitution of India. Hence, the present writ petition. On behalf of the respondents, counter has been filed denying the averments made in the affidavit filed by the petitioner, inter alia, stating that as against the vacate order, in respect of the land to an extent of Acs.2-32 guntas, the 4th respondent filed revision in C.R.P. No.2375 of 2009 wherein the order passed in CMA. No.7 of 2008, vacating the injunction, was set aside and the matter was remanded for fresh consideration and the said appeal is pending before the learned Senior Civil Judge, Medak. Further it is submitted that based on the complaint lodged by the son of the petitioner, a case in Crime No.102 of 2009 under Sections 447, 427 and 379 IPC was registered and the accused therein were arrested and sent to judicial remand and the matter is under investigation. Even on the second complaint, lodged by the son of the petitioner against the 4th respondent and his brother stating that they abused him in most filthy language with dire consequences, a case in crime No.140 of 2009 under Sections 323, 504 and 506 IPC was also registered and the matter is under investigation. The allegation made against the official respondents that they are calling the petitioner and his family members regularly to the Police station is specifically denied by the respondents. Heard the learned counsel on either side and perused the material on record. The main grievance of the petitioner in the instant writ petition is that though the civil suit is pending before the Court below and contesting the matter, the Police authorities are regularly calling the petitioner and his family members to the Police station and threatening with dire consequences to compromise with the 4th respondent for which, the learned Government Pleader submitted that neither they called the petitioner and his family members nor threatened them but based on the complaints lodged by the son of the petitioner two criminal cases were registered and those matters are under investigation. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, I am of the opinion that the allegations made against the respondent Police authorities are specifically denied by them, hence, no direction, as sought for by the petitioner, can be given in the matter but under the guise of investigation, the Police are not expected to deal with the petitioner and his family members in any illegal manner, but at the same time, it is open for the Police to proceed with the investigation, in accordance with law, in connection with the criminal cases that are pending against the 4th respondent, which were registered based on the complaints lodged by the son of the petitioner. Accordingly, with the above observation, the writ petition is disposed of, at the threshold. There shall be no order as to costs. __________________________ JUSTICE G. CHANDRAIAH Date: 07-10-2009 LSK