IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 16821 of 2002 Between: 1 B.Bal Raj, S/o B.Venkatesham, R/o H.No.10-162, Meenakshi Estate, Medchal Road, Secunderabad. 2 G.Sreenivasa Raju S/o G.Veera Raju, R/o H.No. 6-3-120/2 Prem Nagar, Khairatabad. 3 B.Manju Latha W/o B.Rajender, R/o H.No. 10-162, Meenakshi Estate, Medchal Road Secunderabad. 4 B.Rajender S/o B.Venkatesham, R/o H.No. 10-162, Meenakshi Estate, Medchal Road Secunderabad. ... PETITIONERS AND 1 The Superintendent of Police, Ranga Reddy District. 2 The Station House Officer, Kuthbullahpur, Ranga Reddy District. 3 Sri B.Venkata Narayana Rao, S/o late B.Mukundam Naidu R/o Flat No.2 3rd Floor, Wadhumal Mansion, Occ: Courts, S.P.Road, Secunderabad. ...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 writ, order or direction, more particularly one in the nature of Writ of Mandamus: declaring the action of the Respondent authorities in not granting police protection to the petitioners for effective enforcement and implementation of the orders of the principal senior civil Judge, R.R. District in I.A.NO. 1806/2001 IN O.S.NO.922/2001, dt: 16-10- 2001 as arbitrary, illegal, violative of article 14,12 and 300A of the constitution of India and consequently direct the Respondent authorities to provide police protection for effective enforcement and implementation of the orders of the principal senior civil judge, R.R.District in I.A.No. 1806/2001, in O.S.No. 922/2001, dt: 16-10-2001 Counsel for the Petitioners: MR.A.SUDERSHAN REDDY Counsel for the Respondents 1 & 2: GP FOR HOME The Court made the following: ORDER: Petitioners seek a Writ of Mandamus to declare the action of the respondent authorities in not granting police protection to them for effective enforcement and implementation of the orders of the Principal Senior Civil Judge, Ranga Reddy District in I.A.No.1806 of 2001 in O.S.No.922 of 2001 dated 16.10.2001 as illegal and arbitrary. 2. Petitioners submit that the civil Court granted injunction in I.A.No.1806 of 2001 in O.S.No.92 of 2001 against the third respondent herein from interfering with their peaceful possession and enjoyment of the suit schedule property bearing H.No.10-162 in Plot No.162, Sy.Nos.57, 58 59 & 60 admeasuring 275 sq. yards consisting of ground + 3 upper floors by order dated 16.10.2001. To implement the said civil Court order the petitioner made a representation before the Station House Officer, Qutbullapur Mandal, Ranga Reddy District on 29.12.2001 but the police is not provided any police protection. 3. It is not known whether the order in IA is subsisting and whether the suit is disposed or not. Learned counsel for the petitioner is not in possession to submit the present events. However, if any, injunction is subsisting, it is open to the petitioner to apply before the concerned civil Court for rendering necessary police protection as the rights have not been finally decided by the civil Court. Therefore, I am of the opinion that a Writ of Mandamus is not maintainable for the enforcement of the interim injunction order, as the petitioner has got effective alternative remedy before the civil Court. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 2, 2008 DSK