IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5077 of 2009 Between: T.V. Ramana Murthy S/o. T. Rama Krishna Murthy Jana Harsha Group of Companies. Having its Central Office at: 12-5-149/17, Opp. Rly. Degree College, Tarnaka, Secunderabad. ..... PETITIONER AND 1 The Station House Officer Panjagutta Police Station Hyderabad. 2 Mohd. Khaja, Panjagutta Police Station Hyderabad. 3 Dr. Shailaja Prasad C/o. M.V.V. Prasada Rao, H.No. 6-3-596/21/9, Sri Sai Apartments, Erra Manzil, Hyderabad. .....RESPONDENT(S) 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 issue Writ, Order or Direction more particularly one in the nature of Writ of "Mandamus" declaring the action of respondent No.2 in interfering with the Business activities of the Petitioner as illegal, arbitrary, unconstitutional and direct the respondents not to interfere with the business activities of the Petitioner without due process of Law. Counsel for the Petitioner: MR. H.SUDHAKARA RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following: O R D E R:- The petitioner claims to be the Chairman and Managing Director of Jana Harsha Group of Companies and doing real estate business. While so, through one G.V.Swamy, who claims to be the Sales Manager of the petitioner’s company, the 3rd respondent booked four units of 120 sq. yards of land in the name of his daughter and also five units of 120 sq. yards in the name of her son and used to make payments to G.V.Swamy, who in turn paid the same to the petitioner’s company on behalf of the 3rd respondent towards the plots booked in the name of his son and receipts were also issued by him, but for the payments towards the plots of the 3rd respondent’s daughter’s, it is stated that cheques were received from the 3rd respondent which were bounced for insufficient funds. In fact, G.V.Swamy is not the Sales Manager of the petitioner’s company, and he cheated the petitioner, and the 3rd respondent never issued cheques to him, but paid the installments, in cash. Now, the petitioner’s grievance is that on 9.3.2009, the 3rd respondent along with the 2nd respondent came to the office of the petitioner, and in order to evade payment towards the cost of plots purchased by him, created nuisance at the petitioner’s office, by picking up quarrels with their office personnel and interfering with his business. The 2nd respondent-Sub Inspector of Police has field counter affidavit inter alia denying the averments of the affidavit filed in support of the writ petition and stated that a case is registered in Cr.No.878 of 2008 against the alleged accused and for the purpose of investigation they have sent his staff to the petitioner’s company, and that they never harassed the petitioner nor interfered in the business activities of the petitioner and the petitioner has already obtained anticipatory bail on 25.3.2009. Recording the stand taken by the 2nd respondent in the counter affidavit, this writ petition is closed. No costs. ______________ N.V.RAMANA, J 23rd April, 2009 bcj