IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.25569 of 2005 Between: Abdul Rasheed Khan @ Qutub S/o. Late Shaik Ismail R/o. H.No. 10-5-124, First lancer, Ahmed Nagar, Hyderabad, ..... PETITIONER AND 1 The Commissioner of Police, Hyderabad, 2 The Station House Officer, Hymayunnagar Police Station, Hyderabad, 3 Mr. Amir Ali S/o. Not known to the petitioner, Humayunnagar Police Station, Hyderabad, 4 Mohd. Younus Ahmed @ Jaweed S/o. Late Shaik Ismail, R/o. Flat No. 103, CANA Block, Garden Towers, Masab Tank, Hyderabad, .....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 or more in the nature of a writ of Mandamus or any other appropriate writ order or direction to declare the action of the respondent authorities 1 to 3 in interfering the petitioner’s house in property bearing House No. 10-5-124, admeasuring 125 Sq. Yards, situated at First Lancer, Ahmednagar, and Hyderabad and threatening the petitioner as arbitrary, illegal and violative of constitution of India and against principles of natural justice and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case. Hyderabad. Counsel for the Petitioner:MR.SRINIVASA RAO PACHWA Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.25569 of 2005 ORDER: The only grievance of the petitioner is that the official respondents are interfering with the possession of his house bearing No.10-5-124, admeasuring 125 sq. yards, situated at First Lancer, Ahmednagar, Hyderabad, illegally and against the principles of natural justice without there being any complaint or pendency of the criminal case. It is stated that there are certain disputes among the petitioner and the 4th respondent, who got managed the police to interfere with the peaceful possession and enjoyment of the petitioner’s property. Without there being any complaint or registering any case, police cannot interfere with the civil disputes or the immovable property. In the instant case, it is stated that the wife of the 4th respondent, who is the sister of the petitioner, said to have made a complaint and accordingly, a case in Cr.No.1556 of 2005 was registered against the petitioner for the offence punishable under Section 323 of Indian Penal Code on 26-11-2005 by the Station House Officer, Humayun Nagar Police Station. In that connection only, police commenced investigation and, therefore, it cannot be said that without there being any case, the right of the petitioner has been interfered with. Having regard to the facts and circumstances of the case, I am of the opinion that even if there is any complaint, the police cannot interfere with the immovable property and it is always open for them to investigate the crime by interrogating the accused. Accordingly, the writ petition is disposed of directing the respondents not to interfere with the house of the petitioner, but investigation in Cr.No.1556 of 2005 registered against the petitioner for the offence under Section 323 IPC may go on. There shall be no order as to costs. ___________ 13-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}