The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.7165 of 2010 Dated 30th March, 2010 Between: 1.Damalla Kanaka Raju and 2 others …Petitioners And 1.The Superintendent of Police, Khammam, Khammam District and 4 others. …Respondents Counsel for the Petitioner : Mr.Mummaneni Srinivasa Rao Counsel for Respondent Nos.1 to 3: AGP for Home Counsel for Respondent No.4: ---- The Court made the following: Order: The petitioners claim to be the owners of a piece of property with respect to which respondent No.5 is stated to have a dispute with them and civil suits are pending. It is their grievance that respondent No.5 has instigated respondent Nos.1 to 4 to interfere with the construction activity undertaken by petitioner Nos.2 and 3. In support of the petitioners’ averments, no evidence is produced. Though the petitioners claim that respondent Nos.1 to 4 have been causing such interference for a long time, they have not issued any notice to the said respondents to refrain from doing so. No reasons have been assigned by the petitioners for not following the said procedure, which is a sine qua non before seeking a Mandamus as held by the Supreme Court in Kamini Kumar Das Choudhury vs. State of West Bengal[1] and Amrit Lal Berry, K.N. Kapur vs. Collector of Central Excise, New Delhi[2]. Had a notice been given by the petitioners, respondent Nos.1 to 4 would have had an opportunity of either rebutting the allegations or defending their action, which would have been examined by this Court. In the absence of such notice being given, this Court cannot accept the ipsi dixit of the petitioners and entertain the Writ Petition on unsubstantiated allegations. In this view of the matter, the Writ Petition is dismissed with liberty to the petitioners to follow the above-indicated procedure before availing their legal remedy. As a sequel to dismissal of the Writ Petition, WPMP.No.9246 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. _____________________ C.V.Nagarjuna Reddy, J Dated 30th March, 2010 lur [1] AIR 1972 SC 2060 [2] AIR 1975 SC 538