IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 160 of 2008 Between: 1 Khaja Ahmeduddin S/o. Late Khaja Abdullah R/o.H.No. 3-6-403, Himayathnagar, Hyderabad. 2 Khaja Abdul Rahman S/o. Late Khaja Abdullah R/o.H.No. 3-6-409, Himayathnagar, Hyderabad. ..... PETITIONERS AND 1 The Dy. Commissioner of Police, Alwal Zone, Cyberabad Station House Officer, P.S. Alwal, Secunderabad, Ram Babu S/o. Surya Rao, aged 28 yrs Occ: Business, R/o. H.No.3-10-13, Thirumalgiri, Secunderabad. 2 Station House Officer, P.S. Alwal, Secunderabad. 3 Ram Babu S/o. Surya Rao R/o.H.No. 3-10-13, Thirumalgiri, Secunderabad. 4 Ahmedulla Sharif S/o. Late Kadhar Sherif R/o. 10-5-391/54/91 Syed Nagar-II Road No. 12, Banjara Hills, Hyderabad. 5 Vijaya Kumar S/o.Samuel H.No. 2-0-40/4, Gouthamnagar,Malkajgiri,Ranga Reddy District. 6 B. Clement S/o.David R/o. Plot No,. 3-11-141 Flat NO. 304, Rayana Apartment, Thirumalgiri, Ranga Reddy District. 7 Mohd. Afzal Moinuddin S/o. Not Known to petitoners Sri Nagar Colony, Lal Bazaar , Secunderabad. .....RESPONDENTS 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 any writ order or direction particularly one in the nature of Mandamus by declaring the inaction of the respondent No.1 and 2 not implementing the police aid orders in IA No. 2686/2007 in OS No. 705/06 dt. 13-12-2007 on the ﬁle of the II Additional District Judge, Ranga Reddy as illegal, arbitrary and against the principle of natural justice and direct the respondents 1 and 2 to grant police protection by implementing the police aid orders granted in IA No. 2686/07 in Implementing the injunction order passed in IA No. 1970/07 in OS NO. 705/06 dt. 29-11-2006 on the ﬁle of the II Additional District Judge, Ranga Reddy. Counsel for the Petitioner: MR.O.RAMESH Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 160 of 2008 O R D E R: The petitioners herein ﬁled O.S.No.705 of 2006 in the Court of the II Additional District Judge, Ranga Reddy District, L.B.Nagar seeking a decree for perpetual injunction restraining the respondents 3 to 7 herein from interfering with the suit schedule property. Pending the suit, by order dated 29-11-2006 in I.A.No.1970 of 2006, temporary injunction was granted under Order 39 Rules 1 and 2 CPC. Subsequently, the petitioners herein ﬁled I.A.No.2686 of 2007 to provide police protection by directing the Station House Oﬃcer, Alwal P.S. to protect the suit schedule property alleging that the defendants/respondents 3 to 7 herein are violating the order of temporary injunction. The said petition was allowed by order dated 13-12-2007. Pursuant thereto, the petitioners made a representation dated 17-12-2007 before the ﬁrst respondent herein to provide police aid for protection of their lands in terms of the order dated 13-12-2007 in I.A.No.2686 of 2007. Alleging that the respondents 1 and 2 failed to consider the request of the petitioners, the present writ petition has been ﬁled seeking a declaration that the inaction of the respondents 1 and 2 in implementing the order of the learned II Additional District Judge in I.A.No.2686 of 2007 is arbitrary and illegal. This Court, by order dated 10-09-2008, called for a report from the Court of the II Additional District Judge, Ranga Reddy District, whether the orders of temporary injunction and police aid granted in I.A.Nos.1970 of 2006 and 2686 of 2007 respectively are subsisting. Learned II Additional District Judge, submitted a report dated 11-09-2008 stating that the 7th respondent herein i.e. the 5th defendant in O.S.No. 705 of 2006 ﬁled I.A.No.2703 of 2007 to set aside the ex parte order of injunction granted in I.A.No.1970 of 2006 and the same was allowed on 30-07- 2008. Similarly, 7th respondent/5th defendant also ﬁled I.A.No.2702 of 2008 to set aside the order dated 13-12- 2007, under which police aid was granted and the same was allowed on 30-07-2008. Thus it is stated by the learned Judge that the ex parte injunction passed against the 5th defendant/7th respondent herein stood vacated with eﬀect from 30-07- 2008. Even the order of police aid granted in I.A.No.2686 of 2007 stood vacated so far the 5th defendant/7th respondent herein is concerned. Having regard to the above said report, it is clear as on today, no order of temporary injunction much less any order granting for police aid is subsisting as against the 7th respondent herein. However, so far as the other defendants/the respondents 3 to 6 are concerned, since the orders passed by the civil Court are subsisting, the writ petition is disposed of with a direction to respondents 1 and 2 to consider the representation of the petitioners dated 17-12-2007 so far as the respondents 3 to 6 herein are concerned, and take appropriate action in accordance with law. No costs. ______________ G. ROHINI,J Date: 16-09-2008 KLP