THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15651 of 2010 Date:05.07.2010 Between: G.Srinivasa Rao, Deepti Srinagar, R.R.District and another. ………..Petitioners. AND The Deputy Commissioner of Police, Cyberabad, R.R.District and others. ………Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.15651 of 2010 ORDER: This writ petition has been filed by the petitioners with a prayer to issue Mandamus declaring the action of the Deputy Commissioner of Police, Cyberabad-1st respondent and Station House Officer, Miyapur Police Station-2nd respondent from interfering with their peaceful possession in respect of Plot No.56/C, admeasuring 240 square yards, comprising Survey No.152 and 153, situated at Deepti Srinagar Colony, Hafizpet Village, Serlingampally Mandal, R.R.District, as arbitrary and illegal. The 1st petitioner claims to be the absolute owner of the Plot bearing No.56/C, admeasuring 126.66 Square Yards in Sy.No.152 & 153, situated at Deepti Srinagar Colony, Hafizpet Village, Serlingampally Mandal, R.R.District having got the same under a registered partition deed dated 9.9.2006. Petitioner No.2 claims to be the owner and possessor of the Plot bearing No.56/C part admeasuring 113 Square Yards in Sy.No.152 & 153 having purchased the same under a registered sale deed dated 15.9.2006. The petitioners obtained permission from Serilngampally Municipality for construction of a duplex house, vide permission No.G/505/BP/1258/2006, dated 23.10.2006. When the respondents 3 & 4 tried to interfere with their peaceful possession and enjoyment, they filed suit for perpetual injunction being O.S.No.2563 of 2009 on the file of the Court of Principal Junior Civil Judge, Ranga Reddy District and obtained an order of status-quo. The petitioners also filed a complaint before the Station House Officer, Miyapur Police Station against the 4th respondent, when the 4th respondent tried to trespass into the premises in their occupation. The police registered a case in crime No.128 of 2010, dated 20.3.2010 for the offences under Sections 447, 427 and 188 IPC. The police, after due investigation, filed a charge sheet on the file of IX Metropolitan Magistrate, Kukatpally, Cyberabad. The criminal case is stated to be pending trial. When the writ petition came up for admission, the learned Assistant Government Pleader for Home takes notices on behalf of the respondents. Heard learned counsel appearing for the parties. Learned counsel appearing for the petitioners submits that the respondents 3 & 4, despite, status-quo order granted by the Civil Court, are trying to trespass into the premises in their occupation, and, therefore, necessary directions be given to the respondents 1 & 2 to grant necessary protection for the petitioners so that their possession in respect of the suit schedule premises is not distributed. The material brought on record indicates that the petitioners have approached the Civil Court seeking necessary relief, and, obtained status-quo order. If any violation of the order of the status-quo, the petitioners are at liberty to move a necessary application under Order 39 Rule 2-A of the Civil Procedure Code. This is not a fit case to give any directions to the respondents 1 & 2 to provide necessary police protection in respect of the property, which the petitioners claim to be in possession. Accordingly, the Writ Petition fails and the same is hereby dismissed. No costs. _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:05.7.2010 mrb