IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 812 of 2008 Between: Abdullah Ibrahim S/o. Abdul Majeed R/o. Hyderabad. ..... PETITIONER AND 1 Toorpu Biksham Reddy S/o.late Raji Reddy 2 Toorpu Sanjeeva Reddy S/o.late Raji Reddy 3 Toorpu Madhava Reddy S/o.late Raji Reddy Age of the Respondents 1 to 3 not known to the Petitioner Respondents 1 to 3 are R./o No.2-45, Hydersha Kot, Golconda Post, Hyderabad-8, Rajendra Nagar Mandal, Ranga Reddy District. 4 The State of Andhra Pradesh, rep. by its Commissioner of Police, Cyberabad Commissionerate, Gachi Bowli, Hyderabad. 5 The State of Andhra Pradesh, rep. by the Station House Officer, Narsingi Police Station, Narsingi, Ranga Reddy District. .....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 will be pleased to issue an order or direction or writ specially Writ of Mandamus (A) declaring the action of the Respondent No.5 in interfering in a civil dispute at the instance of Respondents 1 to 3 with respect of 871 Sq Yards of land in Survey No. 36/AA of Gandham Guda Village, Rajendra Nagar Mandal, RR District as arbitrary, illegal and wholly without jurisdiction, and (B) direct the respondents 4 and 5 not to interfere with the peaceful possession and enjoyment of the land admeasuring 871 Sq. Yards of land in Survey No. 36/AA of Gandham Guda village, Rajendra Nagar Mandal, RR District owned by the petitioner and pass such other and further order or orders. Counsel for the Petitioner: MR.P.S.RAJASEKHAR Counsel for Respondent Nos.1 to 3: Sri Venkata Mayur for Sri B. Vijayasen Reddy Counsel for Respondent Nos.4 & 5: Assistant Government Pleader for Home The Court at the stage of admission made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of respondent No.5 in interfering in civil dispute at the instance of respondent Nos. 1 to 3 in respect of 871 square yards of land in Survey No.36/AA of Gandham Guda Village, Rajendra Nagar Mandal, Ranga Reddy District as arbitrary, illegal and without jurisdiction. The petitioner also sought for a direction to respondent Nos.4 and 5 not to interfere with his peaceful possession and enjoyment of the said property. Heard Sri P.S. Rajasekhar, learned counsel for the petitioner; learned Assistant Government Pleader for Home for respondent Nos.4 and 5 and Sri Venkata Mayur, learned counsel for respondent Nos. 1 to 3 and perused the record. From the pleadings of the parties, it is evident that there is a dispute between the petitioner and respondent Nos. 1 to 3 over 871 square yards of land comprised in Survey No.36/AA of Gandham Guda Village, Rajendra Nagar Mandal, Ranga Reddy District. The grievance of the petitioner is that respondent Nos. 1 to 3 are throwing their weight on respondent No.5 to prevent him from raising a compound wall around the above mentioned property. It is specifically averred that when the construction was in progress, respondent No.5 at the instance of respondent Nos. 1 to 3 visited the petitioner’s property on 08-09-2007 and instructed him to stop construction of compound wall by threatening him with serious consequences, if he proceeds with the said construction. In the counter affidavits filed by respondent Nos. 1 to 3 and 5, they have denied any interference as alleged by the petitioner. Respondent Nos. 1 to 3 while claiming right over the above mentioned property, stated that they gave a complaint to respondent No.5 on 28-06-2008 under a receipt and that the latter advised them to approach the civil Court since the dispute was purely civil in nature. Respondent No.5 also denied his interference in the above mentioned civil dispute. The stand of the said respondents as reflected in their respective counter affidavits is placed on record and the writ petition is disposed of as infructuous with liberty to the petitioner to approach this Court, if any of the respondents again interferes in the dispute with respect to the above mentioned property in future. As a sequel to disposal of the writ petition as infructuous, WPMP No. 965 of 2008 filed by the petitioner for interim relief is also disposed of as infructuous. C.V.NAGARJUNA REDDY,J Dated: 24-04-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Police, Cyberabad Commissionerate, Gachi Bowli, Hyderabad. 5 The Station House Officer, Narsingi Police Station, Narsingi, Ranga Reddy District. 3 2CCs to the Assistant Government Pleader for Home, Hyderabad (OUT) 4 2CD copies