HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.24426 of 2009 Date: July 12, 2010 Between: Smt. Sushma Sharma, W/o.M.K. Sharma, Aged about 54 years, Occ: housewife, R/o.4-1-826/32, Victoria Chamber, J.N. Road, Hyderabad, represented through GPA Mr. Naresh- Patel, S/o. late Sri Rati Lal Patel, aged 51 years, R/o.Plot No.147, 1st Floor, Gun-Rock Enclave, Kharkana, Secunderabad, and three others … Petitioners And The Govt. of A.P., represented by its Secretary, Home Department, Hyderabad, And three others … Respondents Order: There is no representation on behalf of the petitioners either in the forenoon or afternoon. This writ petition is filed seeking Mandamus declaring the action of the respondents-Police in not registering a crime pursuant to complaint dated 26-10- 2009 lodged by the petitioners as illegal and arbitrary and a consequential direction to the respondents-Police to register an F.I.R., and undertake investigation. The petitioners claim to be the owners and possessors of land totally admeasuring 2625 sq. yards, situated at Hasmathpet village, Hyderabad, having purchased the same by registered sale deeds dated 01- 03-1996 for valuable consideration, but, it is stated that some unknown persons are trying to evict them. It is stated that though they lodged a complaint to the respondents-Police on 26-10-2009, no action has been taken. Though no counter affidavit is filed on behalf of the respondents, on instructions, it is submitted by learned Assistant Government Pleader for Home appearing on behalf of the respondents that though the petitioners filed a complaint on 26-10-2009, they did not file any document in support of their claim that they are the owners and possessors of the land in question. I have perused a copy of the complaint dated 26-10- 2009 addressed by the petitioners to the Station House Officer, Alwal Police Station, Alwal. In the said complaint itself, it is stated that when there was interference with the subject land by one Mr. P. Hanumantha Rao, S/o. P. Nagabhushana Rao, they filed suit in O.S.No.71 of 2008 on the file of I Additional Junior Civil Judge, Ranga Reddy District seeking permanent injunction, which was decreed by judgment and decree dated 06-02-2009. In the complaint, they requested the respondents-Police to depute Police Jawans for protecting the said land. It is to be noted that alleging interference by a third party over the land they claim ownership, petitioners have already approached the competent civil court and obtained injunction orders against the said person. If there is any violation of the orders of injunction passed by the civil court and in case Police-protection is needed, it is open to the petitioners to move an appropriate application before the said court for implementation of the orders. Without making any attempt to go before the competent court seeking appropriate relief, the petitioners have filed the present writ petition on the ground that respondents- Police have not acted upon their complaint and deputed Police Jawans to safeguard the land in question. Moreover, it is to be seen that though the petitioners have stated that one Mr. P. Hanumantha Rao is interfering with their possession over the land in question, they have not even made the said person a party to the writ petition. For the aforesaid reasons, no relief as sought can be granted. The writ petition is accordingly dismissed. No order as to costs. ___________________ (R. SUBHASH REDDY, J) July 12, 2010 MRR