IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 2888 of 2010 Between: Sigma Aviation Academy, rep.by its Proprietor Sri J.V Mohan, S/o G.Krishnaiah,Suit # 204 Level 2, Dhruvatara Apartments,Medinova Building Somajiguda,Hyderabad ..... Petitioner AND 1 The Commissioner of Police, Cyberabad Commissionerate, Office at Gachibowli, Hyderabad 2 The Station House Officer, P.S Vanasthalipuram,L.B Nagar Zone,Cyberabad .....Respondents 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 order or direction or writ more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in interfering into day to day affairs of petitioner's Sigma Aviation Academy Training Centre situated at the premises, Plot No. 1 to 16, Surney No. 141/4, situated at Nadergul (V) Saroornagar Mandal, Ranga Reddy District particularly in a civil litigation is arbitrary, illegal and ultra vires and consequentially direct the 2nd respondent not to interfere by violating orders passed in I.A No. 462/2009 in O.S. No. 2622 of 2009 dated 3-8-2009 on the file of the V Junior Civil Judge, CCC, Hyderabad and confirmed in CMA No. 127/2009 dated 2-2-2010 on the file of the II Addl Chief Judge, CCC, Hyderabad; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 10-02- 2010 made herein and upon hearing the arguments of SRI K.V.N.BHUPAL, Advocate for the Petitioner and of the Asst. Govt. Pleader for Home for the respondents, the Court made the following: ORDER: The learned counsel representing the writ petitioner submitted that the arguing counsel is not ready and therefore an adjournment is sought for. Learned Assistant Government Pleader for Home made a request for adjourning the case for filing counter-affidavit on behalf of the respondents. Sri B.Vijaysen Reddy, who filed an application for impleadment and vacation of the interim order, stated that the order granted by this court preventing respondents 1 and 2, who are the Commissioner of Police and the Station House Officer, is sought to be used in the pending civil cases. From a perusal of the prayer sought for in WPMP. No. 3806 of 2010, the writ petitioner sought for a direction to respondent No.2 to give protection to it to discharge day-to-day affairs of Sigma Aviation Academy-Training Centre situated at Premises bearing Plot Nos. 1 to 16 in Survey No. 141/4, Nadergul Village, Saroornagar Mandal, Ranga Reddy District by implementing the orders passed in I.A.No. 462 of 2009 i n O.S.No. 2622 of 2009 dated 3-08-2009 on the file of V Junior Civil Judge, City Civil Clourt, Hyderabad, confirmed in CMA.No. 127 of 2009, by order dated 2-02-2010, on the file of II Additional Chief Judge, City Civil Court, Hyderabad. However, -2- this Court, by order dated 10-02-2010, has merely directed the respondents i.e. the Commissioner of Police and the Station House Officer of Vanasthalipuram Police Station not to interfere with the petitioner’s activities. Therefore, there is no scope for anyone to interpret this order as this Court having granted interim relief as claimed by the writ petitioner. While clarifying this order to the above effect, the case is adjourned by two (2) weeks to enable respondents 1 and 2 to file counter-affidavits. Post on 25-06-2010. ‘ ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Commissioner of Police, Cyberabad Commissionerate, Office at Gachibowli, Hyderabad 2 The Station House Officer, P.S Vanasthalipuram,L.B Nagar Zone,Cyberabad 3. 2 CCs to the G.P.for Home, High court of A.P.Hyd. (O.UT) 4. One C.C.to Sri K.V.N.Bhoopal Advocate. (OPUC) 5. one spare copy. HIGH COURT CVNR.J DATED 11-06-2010 POST ON 25-06-2010 ORDER W.P.NO. 2888 OF 2010 DIRECTION Bsr Dt. 14-6-2010 HIGH COURT CVNR.J DATED 11-06-2010 POST ON 25-06-2010 ORDER W.P.NO. 2888 OF 2010 DIRECTION