IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3298 of 2008 Between: 1 Mohd Yousuf, S/o. Late Shawmiya, Muslim, R/o.19-3-301, Januma, Bibika Chaman Road, Hyderabad. 2 Mohd Ghouse,S/o. Late Shawmiya Muslim R/o. H.No. 17-3-/302/3/A, Yakathture Hyderabad. 3 Mohd Shareef, S/o. Late Shawmiya, Muslim, R/o.Shahin Nagar, Umar Colony. Pahadishareef Road, R.R.Dist ..... PETITIONER(S) AND The Station House Officer, Kandukur Police station, Cyberabad Police Commissionrare, R.R.Dist. .....RESPONDENT 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 to issue a writ order, direction, more particularly one in the nature of Writ of Mandamus or other appropriate writ or direction to the respondent 1 & 2 to consider the representations filed by the Petitioners to arrange necessary police protection to the Petitioners to the Petitioners, and their properties and further direct the respondent submit report before this Hon/ble court immediately in the interest of the Justice, and others in the interest of the justice and pass such other order or orders a this Hon'ble court may deem fit and Proper in the Circumstances of the case Counsel for the Petitioner:MR.V.SARAVANA KUMAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: In this Writ Petition, petitioners seek direction by way of Mandamus to respondent to consider their representations for grant of police protection. In the affidavit, filed in support of the Writ Petition, it is stated that petitioners are the owners and possessors of different extents of land covered by different survey numbers situated at Guduru Village and Gram Panchayat, Kandukur Mandal, Ranga Reddy District. It is further stated that as there was interference by some private individuals, petitioners have already filed suit in O.S.No.841 of 2007 on the file of the Principal District Judge, Ranga Reddy District, and obtained ex parte injunction order vide I.A.No.3049 of 2007 dated 11-09-2007. It is the grievance of the petitioners that in spite of the injunction order of the Civil Court, those persons are interfering with their possession and the representation filed by them before the respondent seeking police protection has not been considered so far. Primarily, the dispute is civil in nature and the petitioner had already filed a suit in O.S.No.841 of 2007 and obtained an ex parte injunction. Even for enforcement of such ad- interim injunction order, the petitioner can move the very same civil Court by filing appropriate interlocutory application during pendency of the suit. Having obtained ex parte injunction order, without availing the remedy available to them before the civil Court and without impleading the alleged trespassers as parties to this Writ Petition, petitioners cannot seek any direction in this Writ Petition filed under Section 226 of the Constitution of India. Writ Petition is devoid of merits and the same is, accordingly, dismissed. However, it is left open for the petitioners to file appropriate application in the proceedings pending before the civil Court. No costs. __________________ (R.Subhash Reddy, J) 19th February, 2008 lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Station House Officer, Kandukur Police station, Cyberabad Police Commissionrare, R.R.Dist. 2 CCs to the G.P. for Home. 3. 2CD copies