IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3150 of 2005 Between: Suresh Patil, S/o.Babu Rao, H.No.2-4-11/C, Dr.Bhomanna Lane, Kachiguda, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police Hyderabad. 2 Station House Officer, Kachiguda Police Station, Hyderabad. 3 The Manager, H.S.B.C., Nagarjuna Circle, Panjagutta, Hyd., .....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 to issue a writ, order, or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.3 in employing unlawful and illegal methods for recovery of loans and the inaction of the respondent No.1 and 2 from restraining the 3rd respondent from doing so and granting us the needed protection insptie of my complaint as illegal, unlawful violative of my fundamental rights as guaranteed udner the Constitution most specifically the right under Article 21 and consequently direct the 1st and 2nd respondents to provide me and my familythe required protection from the goondas/recovery agents being set by the 3rd respondent and pass such further other order or orders. Counsel for the Petitioner:MR.VENKATESHWARLU GUMMADAVELLY Counsel for the Respondent Nos. 1 and 2: GP FOR HOME Counsel for the Respondent No. 3: M/s. RPN Associates The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondent No.3 in employing unlawful and illegal methods for recovery of loans and the inaction of the respondents 1 and 2 from restraining the 3rd respondent from doing so and granting them the needed protection in spite of his complaint, as illegal and arbitrary and consequently to direct the respondents 1 and 2 to provide required protection to him and his family members from the goondas/recovery agents being sent by the 3rd respondent. The allegations made against the 3rd respondent that he is forcibly collecting the money due and payable to it, have been denied in the counter-affidavit stating that the petitioner never intimated or pressurized to pay the amount and there was no pressure exerted on the police for recovery of the said money. In view of the categorical denial made by the 3rd respondent, I am of the opinion that nothing survives in the writ petition. However, if there is any such threat or criminal action on the part of the respondents, it is open for the petitioner to make a police report and on filing such police report, the police shall consider and dispose of the same in accordance with law. With the aforesaid observations, the writ petition is disposed of. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:12.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MPL}