IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 24439 of 2008 Between: Ch. Venkata Ramaiah, S/o. Late Rajaiah, R/o. H.No. 17-140, Kamalanagar Colony, Road NO. 3, Chaitanyapuri, Dilsukhnagar, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Saroornagar Police Station, Saroornagar, Hyderabad. 2 Chakkilam Srinivas, S/o Sri Nagaraju, R/o. C/o. P. Sudhakar, Babu Jagjeevnan Ram Weaker Section Colony, Bank Colony, Anmagal, Hayathnagar, R.R. District. .....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 a writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 1st respondent in placing 4 (four) constables at the premises bearing No. 18-154/C/2, Kamalanagar, Road No. 5, Chaitanyapuri, Hyderabad, onwed by the petitioner and thereby interfering with the peaceful possession and enjoyment of the petitioner over the said property as illegal, arbitrary and without jurisdiction and further direct the 1st respondent not to interfere with the peaceful possession and enjoyment of the property by the petitioner. Counsel for the Petitioner : MR. C.RAGHU Counsel for the Respondents : GP FOR HOME The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.24439 OF 2008 ORDER : This writ petition is ﬁled seeking a declaration that the action of the 1st respondent – Station House Oﬃcer, Saroornagar Police Station, Saroornagar, Hyderabad - in placing four (4) Constables at the premises bearing No.18- 154/C/2, Kamalanagar, Road No.5, Chaitanyapuri, Hyderabad, as arbitrary and illegal. At the outset, it is to be noted that on a complaint lodged by the 2nd respondent herein alleging that the writ petitioner has forcibly entered into the said house which is in his possession, Cr.No.1305 of 2008 has been registered against the petitioner on 25.10.2008 for the oﬀences punishable under Sections 452, 342, 380 and 506 of I.P.C. and admittedly the investigation is in progress. The learned Government Pleader for Home, under instructions, stated that the Constables have been posted at the premises apprehending law and order problem and the proceedings under Section 145 of the Code of Criminal Procedure are also likely to be initiated. It also appears from the material placed before this Court that there is a serious dispute between the petitioner and the 2nd respondent with regard to the possession of the property in question. In the circumstances, if aggrieved, it is for the petitioner to work out the appropriate remedy as available under law before the proper forum and the interference by this Court under Article 226 of the Constitution of India is not at all warranted. Accordingly, leaving it open to the petitioner to pursue the remedies as available under law, the Writ Petition is dismissed. No costs. ______________ G. ROHINI, J. Dt. 10.11.2008 gbs