IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 150 of 2009 Between: Gadepally Kameshwar Rao, S/o. Late G.A.R. Murthy, Director General (Hon), Institute of Labour Law and Management No. 303, Megha Enclave, Sree Colony, Neredmet Cross Roads, Rama Krishnapuram (Post), Secunderabad - 500 056. ..... PETITIONER AND 1 The Cabinet Secretary, Rashtrapathy Bhavan, Government of India, New Delhi. 2 The Union Home Secretary, Ministry of Home Affairs, North Block, Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The Chief Secretary, Government of Andhra Pradesh, Secretariat, Hyderabad. 4 The Principal Secretary, Home Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 5 Shri R.P. Singh, IPS (Retd.)., Director, Security, GMR Airport, Shamshabad, Hyderabad. 6 The Director General & Inspector General of Police, D.G.P. Office, Andhra Pradesh Police Headquarters, Saifabad, Hyderabad. .....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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Director General of Police to arrest the accused D. Lakshmappa, D. Srinivas and D. Manik Prabhu and attach premises No. 8-7, Srinivasnagar Colony, BHEL, Ramachandrapuram, Hyderabad - 500 032. before Judgment till the restoration of petitioner's stolen property as they are fleeing off to avoid arrest and restore the property committed by theft as mentioned above, and issue necessary instruction to the concerned Magistrate to speed up the case within 6 months, as the petitioner is aged 81 years and a Senior Citizen of India. Counsel for the Petitioner: MR.M.A.RAOOF Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : Form-NIC-OGS/WP{RLD} O R D E R:- The petitioner states that he was a tenant of House bearing No.17- 2-383, which belongs to one D.Laxmappa, from November, 2000 and that during the period he resided there, he paid the rents regularly. While so, it is the case of the petitioner that on 6.4.2001, the landlord and his sons with the assistance of antisocial elements, trespassed into his house and threatened him with dire consequences. Thereafter, on several occasions, the landlord and his sons trespassed into his house and beat him and his sons, and on one occasion, they even committed theft of his several properties and even though he was lodging complaints to the police officials and their higher ups to take appropriate action against the landlord, his sons and their henchmen, the respondents-police did not register any F.I.R. Therefore, he filed a private complaint on 15.2.2005 on the file of XII Metropolitan Magistrate. Since the police were not taking any action for arrest of the accused, the petitioner filed the present writ petition seeking directions to the police to arrest the accused, attach their properties till the above case pending on the file of XII Metropolitan Magistrate is disposed of. Heard the learned counsel for the petitioner, the learned Assistant Solicitor General for respondents 1 and 2 and the learned Government Pleader for Home for respondents 3 to 6. The main grievance of the petitioner is that his complaints made to the police officials against his landlord and his henchmen were not registered and if registered, were closed. According to the own admission of the petitioner, there are civil disputes between the petitioner and their landlord with regard to payment of rent. Civil disputes, the law is well settled cannot be decided in a petition under Article 226 of the Constitution of India. The petitioner, it appears in relation to the civil disputes, filed complaints before the police, and as no action thereon was taken, he filed a private complaint, and the same is pending on the file of XII Metropolitan Magistrate. The petitioner is seeking arrest of his landlord, his sons and henchmen. The arrest of the accused depends on the nature of allegations made in the complaint and the nature of offences for which the case is registered against him. Since the private complaint filed by the petitioner is pending adjudication before XII Metropolitan Magistrate, the petitioner can agitate his grievance or seek appropriate reliefs before the said Court. Hence, the relief sought for by the petitioner in the present writ petition cannot be granted, and the same is accordingly dismissed. No costs. ______________ N.V.RAMANA, J 21st January, 2009 bcj