IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 12104 of 2008 Between: Mohammed Abdul Hameed S/o.Mohammed Abdul Sattar R/o.H.No.18-12-419/184, Hafeez Baba Nagar, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad. 2 The Inspector of Police, Police Station, L.B.Nagar, L.B.Nagar, R.R. District. 3 Smt.P.Swarna Kumari W/o.Papaiah R/o.H.No.A-4-9, Road No.7, Habsiguda, Secunderabad. .....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 may be pleased to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in not taking action against the assailants and also interfering into the civil matter, despite injunction order of the Hon'ble Vacation Court, R.R. District is arbitrary, illegal and failure to exercise the power vested in him apart from being violative of the Fundamental Right guaranteed under Article 19(1)(g) of the Constitution of India and consequently, direct the 2nd Respondent not to interfere into the civil matters and pass such other order or orders. Counsel for the Petitioner:MR.SYED LATEEF Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12104 of 2008 ORDER: It is the case of the petitioner that he and one Mr.Tajuddin Khan are the absolute owners of residential property, bearing Plot Nos.3 to 7 in Sy.No.73/3, admeasuring 2598 sq. yards, situated at Ward No.8, Block No.3, Karmanghat Village, Saroornagar Mandal, Ranga Reddy District, having purchased the same through registered Agreement of Sale cum General Power of Attorney, dated 04-04-2008, registered by the Sub-Registrar, Ranga Reddy District. It is stated that after purchase of the said property, when the 3rd respondent and others tried to interfere with the peaceful possession and enjoyment of the petitioner’s property, the petitioner filed O.S.No.59 of 2008 and obtained an interim injunction in I.A.No.93 of 2008, dated 16-05-2008, on the file of the Vacation Judge, Ranga Reddy District, Hyderabad. It is stated that inspite of the said injunction order, again the 3rd respondent is trying to interfere with his peaceful possession and enjoyment of the property in violation of the interim order. Therefore, a complaint is said to have been made before the 2nd respondent on 17-05-2008. Admittedly, the right of the petitioner has not been decided in the civil court. If there are any civil disputes among the parties, it is for them to resolve the disputes in the pending civil suit. Unless, the civil rights are resolved finally, police cannot interfere with the civil disputes. If there is any violation of the injunction order made in favour of the petitioner, it is open for the petitioner to get appropriate orders from the civil court either for police protection or to initiate appropriate proceedings for violation of the injunction order. As the petitioner has got alternative remedy before the civil court, I am not inclined to admit the writ petition. Accordingly, the writ petition is dismissed at the stage of admission. There shall be no order as to costs. ___________ 12-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}