IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 8899 of 2008 Between: K.Gangahdar S/o/Balachander C/o.S.Rajesham R/o.near Bus stand, yellareddy pet village and Mandal Karimnagar District ..... PETITIONER AND 1 The Sub Divisional Police officer, Siricilla Karimnagar District 2 The Sub Inspector of Police, PS Yellareddypet village and Mandal, Karimnagar District 3 Mr.Sangula Laxman S/o.Narsaiah R/o.Yellareddypet village and Mandal Karimnagar District .....RESPONDENTS Counsel for the Petitioner:MR. M.RAMA RAO FOR MR. MOHD.ASIFUDDIN Counsel for Respondent Nos.1 & 2: AGP FOR HOME The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of respondent Nos.1 and 2 in not providing police protection by preventing respondent No.3 herein and his henchmen from interfering with the erection of fencing by the petitioner in respect of Ac.1.24 guntas of land comprised in Survey No.375 of Yellareddipet Village and Mandal, Karimnagar District, as illegal and arbitrary. This is the third writ petition in succession filed by the petitioner complaining of interference by respondent No.3 and inaction on the part of respondent Nos.1 and 2 in giving protection to him. In the averments contained in the affidavit, the petitioner claimed that he along with his parents purchased an extent of Ac.1.24 guntas in Survey No.375 of Yellareddipet Village and Mandal, Karimnagar District from one Smt. Amberpet Laxmi under registered sale deed, dated 24.04.2006 and that they have taken possession of the land and are continuing in possession of the same. It is averred that respondent No.3 claims that he is the brother of the vendor of the petitioner and that sale by the petitioner’s vendor was illegal. The petitioner alleged that he filed Writ Petition No.8388 of 2006 for police protection to restrain respondent No.3 from interfering with his possession and the said writ petition was dismissed by order, dated 15.06.2006. On the basis of the counter affidavit filed by respondent No.2, wherein it was stated that they are willing to provide protection, the petitioner made a representation to the Superintendent of Police, Karimnagar District on 24.04.2008 with a copy to respondent No.2 and as the latter has not considered the petitioner’s representation and not provided protection, he approached respondent No.1, who endorsed on the same directing respondent No.2 to provide protection as per the Court directions, if any. The grievance of the petitioner is that though he produced the said endorsement before respondent No.2, he has not been giving police protection to enable the petitioner to erect fencing around the above-mentioned property. Heard Sri M.Rama Rao, learned counsel for the petitioner and perused the record. The petitioner initially filed Writ Petition No.8388 of 2006 for an identical relief. This Court while dismissing the said writ petition observed as under: “The petitioner cannot seek a permanent police protection for his lands as there are not enough police force in the State to enable protection of every property under threat. The petitioner will have to pursue his own remedies by engaging security personnel, watch and ward or otherwise, to protect his lands. Only when information regarding the commission of a cognizable offence is made out, is the police liable to register the complaint and take up investigation and do the needful.” Again, the petitioner approached this Court by filing Writ Petition No.22570 of 2007 for a similar relief. The said writ petition was disposed of by this Court by order, dated 28.03.2008 with the following observation: “This writ petition is filed seeking a writ of Mandamus, declaring the action of respondent No.1 in not registering a case on the complaint filed by the petitioner against the 2nd respondent. However, when the matter is taken up, it is submitted by learned counsel for petitioner that on his complaint, a case in Crime No.134 of 2007 is registered on the file of P.S.Yellareddypet, and in that view of the matter, it is submitted that his grievance is redressed and no further adjudication is necessary. Recording the said submission, the writ petition shall stand disposed of.” The present writ petition is filed for the same relief, which was claimed in the previous two writ petitions. I have perused the endorsement made by respondent No.1 on 03.04.2008. In my considered view, the said endorsement is in conformity with the law. The facts narrated above clearly show that there is a civil dispute between the petitioner and respondent No.3 in respect of the immovable property. If the petitioner asserts his rights over the said property and claims that respondent No.3 is not entitled in law to interfere with his possession, he is entitled to approach a competent Court of law for appropriate relief against respondent No.3. Unless the petitioner’s title over the said property is declared by the civil Court of competent jurisdiction and necessary orders are passed to protect his possession, it is no part of the duty of the police to deploy the police force at the instance of a citizen merely at his request and on the allegation that some third parties are seeking to disturb his possession or prevent him from enjoying his property rights. If the police are conferred with such a power, that would destroy the whole concept of rule of law. The petitioner has not given any reason whatsoever for not asserting his right over the immovable property in a competent Court of law. Instead, he has been repeatedly approaching the police to protect his possession. As observed in Writ Petition No.8388 of 2006, the petitioner cannot seek a permanent police protection for his lands. In the premises as above, the writ petition is dismissed. As a sequel to dismissal of main petition, WPMP.No.11806 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 22nd APRIL, 2008 kvni