IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 12892 of 2008 BETWEEN: Chittumalla Raja Kumari W/o. Chandra Mouli, R/o. H.No.19-8-218, Laxminagar, Godavarikhani, Ramagundam Mandal, Karimnagar District. ... PETITIONER AND 1 The Superintendent of Police Karimnagar, Karimnagar District. 2 The Station House Officer I Town Police Station, Godavarikhani Karimnagar District. 3 Nalmasu Rajaiah S/o. Bhoomaiah, R/o. H.No.19-8-118/A, Laxminagar, Godavarikhani, Karimnagar District. ...RESPONDENTS 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 a writ order or direction more in the nature of writ of Mandamus direct the respondents 1 and 2 herein to give police aid to the petitioner to broke open the locks of the petitioner's house i.e, House bearing No. 19-8-218 situated at Laxminagar, Godavarikhani, Karimnagar District, which was illegally put by the 3rd Respondent by duly declaring the action of the 3rd Respondent in putting the locks to the petitioners house as illegal and pass such other order or orders. Counsel for the Petitioner: MR.VENKATESHWAR VARANASI Counsel for the Respondent 1 & 2: GP FOR HOME Counsel for the Respondent No.3: MR. D. BHASKAR REDDY The Court made the following: ORDER: Petitioner submits that the third respondent herein trespassed into his house bearing No.19-8-218 situated at Laxminagar, Godavarikhani, Karimnagar District on 14.06.2008 and beat him and his family members with hands, abused them in filthy language and necked them out of the house and locked the house. He further submits that he made a complaint with regard to the said criminal action, which is cognizable in nature, before the Inspector of Police, Godavarikhani, I Town Police Station/second respondent herein and based on the said complaint dated 14.06.2008 a case in FIR.No.168 of 2008 for the offence under Sections 147, 448, 323, 341, 290 read with Section 14 of the Indian Penal Code was registered against the third respondent and others. Therefore, petitioner seeks a Writ of Mandamus to direct the respondents 1 and 2 to give police aid to him to break open the lock to his house illegally put by the third respondent and to declare the action of the third respondent as illegal and arbitrary. 2. Admittedly, a civil dispute is pending between the petitioner and the third respondent. However, even during the pendency of the civil dispute, if the third respondent really trespassed into the house of the petitioner, the third respondent is liable for criminal action for the aforesaid offence committed by him. Even assuming that all the contents of the FIR are true and correct, I am of the opinion that the police cannot be directed to remove the lock illegally put by the third respondent and to handover the said house to the petitioner as it is the function of the civil Court to conduct an enquiry, therefore, no relief can be granted in the writ petition. The writ petition is accordingly dismissed with a liberty to the petitioner to work out his remedies, in addition to the criminal action already initiated, before the civil Court for recovery of possession to break open the lock illegally put by the third respondent. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 8, 2008 DSK