IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETIITON No.29605 of 2010 Between: D.Aswarthanarayana … Petitioner And The Station House Officer and others … Respondents This Court made the following: HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 29605 OF 2010 ORDER:- In this writ petition, the petitioner seeks issuance of a writ of Mandamus to direct the 1st respondent to protect the landed property of the petitioner to an extent of Acs.0-64 cents out of Ac.1-28 cents situated at survey No.372-1 of Munimadugu village. The case of the petitioner is that his father purchased landed property to an extent of Ac.1-28 cents in survey No.372 of Mudimadugu Village through a registered sale deed, dated 13.11.1997 and was in possession of the same. After the demise of his father, the petitioner and his brother partitioned the property and in the said partition, survey No.372 was sub-divided into survey Nos.372-1 and 372-2. Survey No.372-1 fell to the share of the petitioner. He dug a bore well, raised crops in the schedule property, got mutated his name for Ac.0-64 cents and mortgaged his share for cultivating the land. It is further submitted that himself and his brother are absolute owners of the said property. As the 2nd and 3rd respondents, who are residing on the western side of the said landed property, are trying to dispossess the petitioner and his brother from survey No.372, the petitioner filed suit in O.S.No.53 of 2007 on the file of Junior Civil Judge, Penukonda and obtained injunction orders in I.A.No.132 of 2007 restraining the 2nd and 3rd respondents not to interfere with his peaceful possession and enjoyment of survey No.372-1 to an extent of Ac.0-64 out of Ac.1-28 cents. In spite of the said injunction orders, the 2nd and 3rd respondents are trying to put up some illegal structures. Thereby, the petitioner filed I.A.No.524 of 2008 for grant of police aid and the same is pending consideration. When the application of the petitioner for grant of police aid, is pending consideration before the trial Court, without awaiting for the orders on such application, the petitioner cannot seek relief as prayed for in the present writ petition. However, it is open for the petitioner to pursue the interlocutory application filed before the trial court. In view of the pendency of the orders on such application, no direction is necessary as prayed for in this writ petition. The Writ Petition is dismissed as devoid of merits. There shall be no order as to costs. ____________________ R.SUBHASH REDDY, J 26th October 2010 lmv