HE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.29020 of 2011 ORDER: This Writ Petition is filed to declare the action of respondent Nos.1 to 3, in not taking action against respondent Nos.4 and 5 for constructing a toilet and in using the land of which both the petitioners’ and respondent No.8 are joint tenants, as illegal and arbitrary. It is the petitioners’ case that respondent No.8 had illegally permitted respondent Nos.4 and 5, the Inspector of Police and Station House Officer, Malakpet Police Station, Hyderabad respectively, to construct a toilet in the land adjacent to Malakpet Police Station, and to make use thereof. A counter affidavit is filed by the Assistant Commissioner of Police, Malakpet Division (respondent No.3) stating that it was respondent No.8 who had constructed the toilet, and not the police officials; since several constables were on bandobust duty during Ganesh festival, they requested respondent No.8 to permit them to use the toilet to which the latter had acceded to; and they no longer need to use the toilets in question. Sri Suresh Shiv Sagar, Learned Counsel for the petitioners, would submit that photographs have been taken of police personnel using the toilet even on 01.11.2011. As to whether respondent Nos.4 and 5 had constructed the toilet; whether they are still using it; and whether the permission of the petitioner is required for such use are all disputed questions of fact which this Court would not examine in proceedings under Article 226 of the Constitution of India. Leaving it open to the petitioners, if they are so aggrieved, to approach the competent Civil Court, the Writ Petition is dismissed. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:02.11.2011 usd