THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.16893 of 2008 ORDER: The petitioner herein claims to be the absolute owner and possessor of premises bearing H.No.13-1- 13/244, Dilawargunj, Mangalghat, Hyderabad, having purchased the same under a registered sale deed dated 31.07.2006. He was also accorded permission by the Greater Municipal Corporation of Hyderabad vide permit No.188/25/07 dated 27.12.2007 for making construction of a house thereon. However, when the petitioner commenced construction, there was interference by the local people and aggrieved by the same, he made a representation dated 26.06.2008 to respondents 1 and 2 requesting them to provide police protection from the ante-social elements so as to enable him to proceed with the construction. The petitioner also lodged a complaint with the 3rd respondent/Inspector of Police, Maangalghat Police Station. Since he refused to receive the complaint, the same was sent by registered post and it was received by the 3rd respondent on 30.06.2008. However, the respondents failed to take any action. Hence, the present writ petition seeking a direction to respondents 1 to 3 to provide police protection to the petitioner to enable him to proceed with the construction of house upon the property bearing H.No.13-1-13/244, Dilawargunj, Mangalghat, Hyderabad, by considering his representation dated 26.06.2008. A counter aﬃdavit has been ﬁled by the 3rd respondent/Inspector of Police, Maangalghat Police Station, stating that on 17.06.2008 one Syed Abbaullah Husaini, lodged a complaint stating that the writ petitioner along with others illegally interfered with Akbari Masjid Grave Yard and also destroyed the old grave yard. Basing on the said complaint, Crime No.207/2008 under Sections 447, 427 of the Indian Penal Code was registered. During the course of investigation, it is found that O.S.No.64 of 2007 is pending before the Wakf Tribunal, Hyderabad between the complainant and the writ petitioner. While so, the writ petitioner lodged a complaint dated 26.06.2008 against Mr. Abbas, Maqdoom Ali, Shakeel, Mohd. Aheer and their associates alleging that they are interfering with construction of a house in the premises bearing D.No.13-1-13/244, Dilawargunj, Mangalghat, Hyderabad. The said complaint was forwarded by the Assistant Commissioner of Police to the 3rd respondent. Basing on the same, Crime No.217 of 208 under Section 447 and 506 of the Indian Penal Code was registered on 28.6.2008 and investigation is pending. Thus, it is pleaded by the 3rd respondent that investigation in both the crimes is pending and as soon as investigation is complete, appropriate reports/charge sheets would be ﬁled before the concerned Court. I have heard the learned counsel for both the parties. Whereas the learned counsel for the petitioner vehemently contended that the alleged inaction on the part of the 3rd respondent in providing police protection as sought by the petitioner is arbitrary and illegal, the learned Government Pleader submitted that since the issue is pending before the Wakf Tribunal, Hyderabad, police protection cannot be provided to the writ petitioner. Though the learned counsel for the petitioners did not dispute the fact that O.S.No.64 of 2007 is pending before the Wakf Tribunal, Hyderabad, it is contended that the issue pending before the Wakf Tribunal, Hyderabad has nothing to do with the premises in respect of which the petitioner is claiming protection. On a careful consideration of the material placed before this Court, particularly the order dated 14.05.2008 in I.A.No.441 of 2007 in O.S.No.64 of 2007 on the ﬁle of the Andhra Pradesh Wakf Tribunal, Hyderabad, it is clear that the subject matter of O.S.No.64 of 2007 on the ﬁle of the Wakf Tribunal, Hyderabad has nothing to do with the premises bearing D.No.13-1-13/244, Dilawargunj, Mangalghat, Hyderabad, wherein the petitioner is proceeding with the construction. Similarly, crime No.207/2008 registered on the basis of a complaint lodged by Syed Abbaullah Husaini alleging unlawful destruction of old grave yard in Akbari Masjid is also a diﬀerent issue and has nothing to do with the representation for protection and the complaint lodged by the petitioner dated 26.08.2008. Hence, the plea taken by the 3rd respondent in his counter aﬃdavit that in view of pendency of the proceedings before the Wakf Tribunal, Hyderabad, the petitioner’s prayer cannot be granted is untenable. For the aforesaid reasons, the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioner dated 26.08.2008 and to take appropriate action in accordance with law, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of this order. No costs. 12.09.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMNBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.16893 of 2008 Between: Sri Laxman Chowdhary S/o.late Gangaram, H.No.13-1- 13/2/44 Dilawargunj,Mangalghat Hyderabad ..... PETITIONER AND 1 The Commissioner of Police Hyderabad City Office at Basheerbagh, Hyderabad 2 The Deputy Commissioner of Police West Zone A.C Guards Hyderabad 3 The Inspector of Police P.S Mangalghat Hyderabad .....RESPONDENTS 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 appropriate orders direction or writ particularly one in the nature of writ of Mandamus directing the respondents No.1to 3much less the respondent No.3 to act upon Petitioner's complaint dt.26-6-2008 by taking action against the persons involved and pass Counsel for the Petitioner: Mr. K.ANUP KUMAR Counsel for the Respondents: GP FOR HOME The Court made the following: