THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.14074 of 2010 Dated 03rd August, 2010 Between: C. Rama Mohana …Petitioner And The State of Andhra Pradesh and others. …Respondents Counsel for the petitioner: Sri Govardhan Venu Counsel for respondents: Assistant Government Pleader for Home The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in interfering with the petitioner’s right and possession over house bearing No.7-1-644/28/A & A/1, Plot No.28-A, Sundernagar, Hyderabad, as illegal and arbitrary. At the hearing, it is represented by Sri Goverdhan Venu, learned counsel for the petitioner that the petitioner, who is the owner of the abovementioned premises has earlier let out the same to certain persons against whom a criminal case was registered under the Immoral Traffic (Prevention) Act, 1956 (for short ‘the Act’) for allegedly running a brothel house. He has further submitted that immediately on the petitioner coming to know about the registration of the said case, he has got the said tenant vacated and let the premises to others who are staying with their families and that with the eviction of the previous tenant, the alleged illegal and immoral acts are no longer being carried on in the petitioner’s premises. Respondent No.3 filed a counter-affidavit, wherein it is inter alia stated that Crime No.134 of 2010 was registered under Sections 3 and 4 of the Act against a person, by name, Srikanth who was organising the brothel house and that a charge sheet was filed in the Court of the learned III Additional Chief Metropolitan Magistrate, Hyderabad, who has taken the case on file as C.C.No.1278 of 2010 and that the said case is pending. He has denied the allegation of the petitioner that the Police have cautioned the present tenants to vacate the house, otherwise the premises will be seized. He has also denied any interference with the enjoyment of the petitioner’s ownership right and his possession. The learned Assistant Government Pleader for Home submitted that the Police have not been interfering with the possession of the existing tenants while pursuing the criminal case pending against the organizer of the brothel house. Inasmuch as the averment of the petitioner that new tenants have been inducted and that no illegal activity is being carried on after the eviction of the previous tenant is not denied by the respondents, there is no reason for the Police to interfere with the possession of the existing tenants. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, interim order passed by this Court on 21.06.2010 is vacated and W.P.M.P.No.17709 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 03rd August, 2010 GHN