IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 1081 of 2001 Between: Smt. Rafath Bagum, W/o. Late Basheer Ahmed, R/o. H.No. 17-6-668, Near Bunglow Beeni Saheb, Dabeerpura, Hyderabad. ..... PETITIONER AND The Station House Officer, Dabeerpura P.S., Hyderabad. .....RESPONDENT 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 to issue a Writ of Mandamus declaring the action of the respondent herein resorting to interfere with the construction work of the petitioenr at Door No. 17-6-668 (Land Admeasuring 127 sq.yards), situated near Bunglow Beeni Saheb, Dabeerpura, Hyderabad, as illegal, improper, unjust and contrary to law and further ded are that respondent has no jurisdiction to interfere with the construction work of the petitioner particularly in the teeth of the ad-interim injunction dt. 18-1-2001 in II.A.No.17/2001 in O.S.No.107/2001 on the file of the VI Junior Civil Judge, City Civil Court, Hyderabad, filed by the petitioner and the sanctioned permission of the Municpal Corporation of Hyderabad, vide permit No.171/40, dt. 5-1-2001 and pass Counsel for the Petitioner:MR.K.UMAPATHY Counsel for the Respondent No.: GP FOR HOME HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NO. 1081 OF 2001 ORAL ORDER: None appears for the petitioner. It is the case of the petitioner that she purchased the property at Door No. 17-6-668 situated near Bunglow Beeni Saheb, Dabeerpura, Hyderabad and the municipal authority served the sanctioned permission of the Municipal Corporation of Hyderabad vide permit No. 171/40 dated 5.1.2001. There was some dispute with neighbour. Therefore, the petitioner filed a Civil Suit O.SNo. 107 of 2001 and obtained temporary injunction in I.A.No. 17 of 2001 on the file of VI Junior Civil Judge, City Civil Court, Hyderabad, by an order dated 18.1.2001. It is stated that at the instance of the neighbours Md. Abdul Salem and Jamal Shareef , the police are illegally interfering with the construction of the petitioner’s aforesaid house as arbitrary and illegal. Therefore, the petitioner seeks a writ of Mandamus declaring the action of the SHO in interfering with the construction of the house. A counter affidavit has been filed stating that as the petitioner deviated the sanctioned plan, with a view to grab away the common passage lying in between the house of the petitioner and her neighbour, the neighbours approached the police authority for taking appropriate action with regard to the stopping of unauthorized construction on 18.1.2000. The Assistant City Planner, Circle No. 1 MCH Hyderabad, after his personal enquiry and on the inspection of the spot, approached the respondent and gave his letter No. 668/ACP/C1/TPS/MCH/2001, dated 20.1.2001 requesting the SHO to render assistance for stopping of illegal construction in view of the complaint from the neighbour of the petitioner. It is stated that the police never interfered with the peaceful possession and enjoyment or rightful construction but only at the instance of the municipal authorities requesting the respondents to render assistance for stopping of the construction. In view of the compliant, the police rendered necessary help to stop the above said construction work. I am of the opinion that the Writ Petition is liable to be dismissed on the ground that the neighbours against whom the Civil Suit has been filed have not been impleaded and the municipal authorities i.e., the Assistant City Planner, Circle No. 1, M.C.H, Hyderabad, who made a request to render assistance, also has not been impleaded. Therefore, the petitioner cannot construct a building contrary to the sanctioned plan under the guise of injunction order obtained from the Civil Court. Rendering help at the instance of the Municipal Authority cannot be found fault with. Therefore, I am of the opinion that the petitioner is not entitled for any relief. Accordingly, the Writ Petition is dismissed. No order as to costs. ____________________ V. ESWARAIAH, J Date: 09.04.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Station House Officer, Dabeerpura P.S., Hyderabad. 2.2CCs to G.P. for Home, High Court Buildings, High Court of A.P., Hyderabad . 3.2CD copies