IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.27083 of 2005 Between: 1 Smt. Razia Begum, W/o. Mohd. Sirajuddin Visakhapatnam being Rep. by her General Power of Attorney Holders Sri Pradeep Kumar S/o. Late Omprakash Agarwal and Sri Harish Raney S/o. Late H.T.Raney, Petitioners 2 and 3 herein. 2 Sri Pradeep Kumar Agarwal S/o. Late Omprakash Agarwal, R/o. 11-6-652, Red Hills, Nampally, Hyderabad, 3 Sri Harish Raney S/o. Late H.T. Raney, R/o. 11-6-465, Red Hills, Nampally, Hyderabad, ..... PETITIONER(S) AND 1 The Station House Officer, Banjara Hills Police Station, Hyderabad, 2 The Deputy Commissioner of Police, West Zone, A.C. Guards, Masab Tank, Hyderabad, 3 The Assistant Commissioner of Police, Banjara Hills, Hyderabad, 4 Sri V. Suresh Kumar Kamath S/o. Sri V.S. Kamath M/s. Eskay Builders R/o. Office at 5-4-786, Ganesh Chambers, J.N. Road, Kattalmandi, Abids, 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 may be pleased to issue an order or direction more particularly one in the nature of "Writ of Mandamus" declaring the action of the Respondents particularly Respondents 1 and 4 in interfering with possession of the petitioners and asking the petitioners to stop the work in and over the land admeasuring 1658 square yards in Survey No. 129/40, situated at Shaikpet Village and Mandal, Raod No. 13, Banjara Hills, Hyderabad, as illegal, arbitrary, and without jurisdiction and further violative of Article 21 of the Constitution of India and further be pleased to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.RAMAKRISHNA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.27083 of 2005 ORDER: This writ petition has been filed seeking a Writ of Mandamus to declare the action of respondents 1 to 4 in interfering with the land of the petitioners admeasuring 1658 sq. yards in Sy.No.129/40 situated at Shaikpet Village and Mandal, Road No.13, Banjara Hills, Hyderabad, as illegal and arbitrary. It is the case of the petitioners that the 1st petitioner was the absolute owner and possessor the said land and petitioners 2 and 3 purchased the said land through registered Agreement of Sale-cum-General Power of Attorney, dated 27-10-2005. From the date of purchase, they are in continuous possession and enjoyment of the same. While so, on 05-12-2005 at about 11.15 a.m., four police constables of Banjara Hills Police Station along with 15 to 20 people came to their house and asked the petitioners and their watchman and other workers, who are working at site, to stop on going work and asked them to vacate the said site. It is also stated they were also threatened by the police with dire consequences, if they do not vacate the site immediately. Thereafter, the petitioners issued telegram to the Director General of Police and other police officials informing about the high handed action of the police of Banjara Hills Police Station, but, so far, no action has been taken. A counter has been filed denying all the allegations made in the affidavit filed in support of the application and stated that police never visited the house of the petitioners along with other persons on 05-12-2005 at about 11.15 a.m., as alleged by the petitioners and the police never made any attempt to settle the dispute said to have been pending between the petitioners and the 4th respondent and in fact, no complaint has been filed before the 1st respondent. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the disputed questions of fact cannot be decided in this writ petition. If the title is in dispute, it is for the civil court to resolve the dispute and the police cannot interfere with the civil disputes and if there is no dispute with regard to title, the petitioners can as well file a representation before the police concerned seeking necessary police protection. In view of denial of all the allegations, I am of the opinion that no Writ of Mandamus can be issued. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 10-07-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}