IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 767 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 03/06/2009 in WP NO : 10802 OF 2009 on the file of the High Court.) Between: P.Tirumala Reddy S/o.Venkata Reddy R/o.8-2-703/6/A Road No.12, Banjara Hills, Hyderabad ..... APPELLANT AND 1 The Commissioner of Police, Basheerbagh, Hyderabad 2 The Assistant Commissioner of Police,Asifnagar Hyderabad 3 The Station House officer,Asif Nagar Police station Hyderabad .....RESPONDENTS Counsel for the Appellant: SRI M.V.SURESH Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 767 of 2009 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ appeal is filed against the order dated 3.6.2009 passed by the learned single Judge in W.P.No.10802 of 2009. The appellant herein is the writ petitioner. He filed the above writ petition seeking a direction to the 3rd respondent to provide police protection to the petitioner as per his representation, dated 27.5.2009. The learned single Judge having observed that though serious allegations are made against the third parties, who were allegedly trying to grab the property in dispute, they are not impleaded as parties to the writ petition and in their absence, it is not possible to ascertain the veracity of the claim of the petitioner regarding his right to the property and also the alleged unlawful activities of the third parties and if the alleged acts complained of by the petitioner constitute criminal offences, the petitioner is entitled to approach the respondents with a complaint and if appropriate action is not taken thereon, he is left with remedies under the Code of Criminal Procedure to approach the Jurisdictional magistrate with a private complaint and therefore, the petitioner cannot seek police protection in respect of a property, which appears to be in serious dispute, dismissed the writ petition. Having aggrieved by the same, the present writ appeal has been filed. Perused the material available on record. It is the contention of the appellant that anti social elements, who entered the lands on 10.5.2009 kidnapped two security guards and whereabouts of those guards are not known and there is a threat to his property and though several representations have been made, no action has been taken. The allegations made by the appellant-petitioner are the question of facts, which can be adjudicated before the appropriate forum during the course of investigation as to the alleged unlawful activities of the third parties. In this view of the matter, we feel that the order of the learned single Judge needs no interference warranting interference of this Court. However, the appellant is at liberty to make any representations or complaint before the authorities concerned. Subject to the above observation, the writ appeal is disposed of. No order as to costs. _________________________ Justice T.Meena Kumari ____________________ Justice Sanjay Kumar Date: 11th June, 2009 Gurc/nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 767 of 2009 (Judgment of the Division Bench delivered by the Hon’ble Smt. Justice T. Meena Kumari) 11/06/2009