IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SIXTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12183 of 2010 Between: Adabala Srikar & others … Petitioners And Govt., of A.P., rep., by its Asst. Commissioner of Police, Hyderabad & another. … Respondents Counsel for the Petitioners: Sri Maddirala Brahma Reddy Counsel for the respondents: AGP for Home The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12183 of 2010 ORDER: This writ petition is filed for a Mandamus to declare the inaction of the respondents in providing protection to the petitioners for construction of a compound wall and one room as per permit No.6/82, dated 22.03.2010 issued by the Town Planning Section of Greater Hyderabad Municipal Corporation over the land admeasuring 1600 square meters comprised in Sy.No.578/4, T.S.No.5/1, Block-A, Block No.163 (Ward-2, Block-2) of Bagh Amberpet, Hyderabad, as illegal. The petitioners sought for a direction to the respondents to provide police security to them for construction of a compound wall. The petitioners claim to have purchased the abovementioned property under registered sale deed dated 03.10.2009. After obtaining No Objection Certificate from the Joint Collector, Hyderabad and permission from the Greater Hyderabad Municipal Corporation, the petitioners allegedly started construction of a compound wall. On 08.05.2010, when some unknown persons, styling themselves as local leaders, came to the petitioners and demanded an amount of Rs.1,00,000/- for allowing them to construct the compound wall, they approached the respondents with a representation to provide protection to them and as no protection has been given, they filed the present writ petition. At the hearing, the learned Assistant Government Pleader for Home, on instructions, submitted that without the competent Court passing an order in favour of the petitioners, it is beyond the power of the police to interfere in the civil disputes. I find force in the submission of the learned Assistant Government Pleader. If the petitioners are prevented by any third party from exercising their rights over their property, they are entitled to approach the competent Court of law for appropriate order to prevent such persons from causing such interference. It is only in such an event that the police can come to the aid of the petitioners in implementation of the civil Court’s order, if a direction is given either by the Court, which granted the order or by the superior Court. In the instant case, the petitioners instead of approaching the competent civil Court have approached the respondents to provide protection. In my opinion, the petitioners have availed a wrong remedy. Accordingly, the writ petition is dismissed with liberty to the petitioners to approach the competent Court for appropriate relief. As a sequel to dismissal of the writ petition, WPMP.No.15367 of 2010 filed by the petitioners for interim relief is also dismissed. __________________________ C.V.NAGARJUNA REDDY, J Date: 26.07.2010. ES