IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3718 of 2009 Between: 1 S. Pochamma W/o. S. Narasimha R/o. Teegalguda, Hyderabad. Residing at Moosarambagh, Malakpet. 2 Sabbi Narahari Rao S/o. Balaiah R/o. Teegalguda, Hyderabad. Residing at Moosarambagh, Malakpet. 3 Manganooru Papaiah S/o. M. Venkaiah R/o. Teegalguda, Hyderabad. Residing at Moosarambagh, Malakpet. 4 S. Bhoomaiah S/o. S. Venkaiah R/o. Teegalguda, Hyderabad. Residing at Moosarambagh, Malakpet. ..... PETITIONER(S) AND The Station House Officer, Malakpet P.S., Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus directing the respondent herein to give police protection to the petitioners' property situated in Sy.No.74 to an extent of 3440 sq. meters in T.S.No.60, Teegalguda Village, Saidabad Mandal, Hyderabad District and pass Counsel for the Petitioner: MR.V.SREE RANGA RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R:- The petitioners assert that they purchased an extent of Ac.1.05 guntas of land in Sy. No. 74 situated at Teegalguda village from one Nawabhiyavat Khan in the year 1965 and since then they have been in possession and enjoyment of the same. While so, when some anti- social elements tried to encroach into their lands, they made representation dated 16.12.2008 to the District Collector, Hyderabad, requesting him to issue No Objection Certificate by demarcating their land, and subsequent to their representation, the Tahsildar, Saidabad addressed a letter dated 02.01.2009 reporting that in Sy. No.74, the land in an extent of 1112.72 sq. mts. falls in T.S. No.59, which is classified as graveyard, and 3440 sq. mts. falls in T.S. No.60, which is classified as patta land of Teegalguda village. Thereafter, as per the instructions of the Joint Collector, a Panchanama was conducted on 11.2.2009, and the Mandal Surveyor, surveyed the land and found that the land in T.S.No.59 is in possession of the petitioners and it was surrendered, and in pursuance of Endorsement, dated 16.2.2009 passed by the Joint Collector, the Revenue Inspector and Surveyor demarcated their land and put the petitioners in possession of an extent of 3440 sq. mts. of patta land in T.S.No.60. While so, when some unscrupulous elements tried to disturb their possession and threatened them with dire consequences, the 2nd petitioner lodged a complaint against one G.Shyam Rao and others, and Crime No.53 of 2009 was registered against the accused for the offence punishable under Sections 143, 447 and 427 IPC, and in spite of the crime being registered against G. Shyam Rao and others, some other anti-social elements are trying to encroach into their land. Hence, the petitioners have filed the present writ petition seeking police protection to their lands from the anti-social elements. The respondent has filed counter affidavit contending that the investigation in Cr. No.53 of 2009 is pending for want of collection of evidence and immediately after completion of investigation charge sheet will be filed before the trial Court. Sri Peri Prabhakar, learned counsel filed an application seeking to implead Moosarambagh Teegalaguda Hindu Smasana Vatika Samrakshana Sangham as 2nd respondent in the writ petition and contended that the petitioners, on the basis of some forged sale deeds, are trying to grab the burial ground, and hence they are not entitled to police protection. Admittedly, the investigation in Cr.No.53 of 2009 is under progress. Whether the land that falls in T.S.No.60 is a patta land or burial ground, and whether it belongs to the petitioners or not, and as contended by the learned counsel for the proposed 2nd respondent, whether the petitioners are trying to grab the burial ground, based on forged sale deeds, are all disputed questions of fact, which cannot be gone into in a proceeding under Article 226 of the Constitution of India, and the remedy of the petitioners for resolution of the said disputes is to approach the competent civil Court having jurisdiction. Having regard to the submission made by the learned Government Pleader for Home that the respondent has already registered FIR and the investigation is in progress, this Court is not inclined to give any direction to the respondent except giving liberty to the respondent to take necessary steps if there is any law and order problem. Accordingly, this writ petition is dismissed. No costs. ______________ N.V.RAMANA, J 6th March, 2009 bcj