IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 22932 of 2008 Between: 1 Smt. Sultanan Begum W/o. Late Mirza Nusrath Ali Baig R/o. H.No.2-4-629, Sunder Nagar, Kachiguda, Hyderabad. 2 Mirza Riyasath Ali Baig S/o. Late Mirza Nusrath Ali Baig R/o. H.No.2-4-629, Sunder Nagar, Kachiguda, Hyderabad. 3 Farhana Begum D/o. Late Mirza Nusrath Ali Baig R/o. H.No.2-4-629, Sunder Nagar, Kachiguda, Hyderabad. 4 Fazeelath Begum D/o. Late Mirza Nusrath Ali Baig R/o. H.No.2-4-629, Sunder Nagar, Kachiguda, Hyderabad. 5 Mirza Rahmath Ali Baig S/o. Late Mirza Nusrath Ali Baig R/o. H.No.2-4-629, Sunder Nagar, Kachiguda, Hyderabad. ..... PETITIONERS AND 1 The Asst. Commissioner of Police Kachiguda Police Division Hyderabad, A.P. 2 The Station House Officer Kachiguda Police Station Hyderabad-500 027, A.P. 3 Sultan Maqsood S/o. Sultan Saleem R/o. H.No.3-5-593, Himayath Nagar, Hyderabad, A.P. 4 Mohd. Mansoor Ali S/o. Mohd. Shujath Ali R/o. H.No.2-3-19/18, Tulsi Nagar Colony, Amber Pet, Hyderabad, A.P. .....RESPONDENTS 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 of mandamus or any other appropriate writ order or direction declaring the action of the respondent No.2 in trying to evict the petitioners from House No.2-4- 629 situated at Sunder Nagar, Kachiguda, Hyderabad while assisting the bailiﬀ in executing the warrant of delivery of vacant possession of alleged House No.2-4- 631/2 situated at Sunder Nagar, Kachiguda, Hyderabad in E.P.No.24/ 1997 in O.S.No.713 / 1985 on the ﬁle of the XXII Addl. Chief Judge cum VIII Metropolitan Sessions Judge at Hyderabad, illegal, null and void in the interest of justice. Counsel for the Petitioner: MR.MOHD. GHULAM HUSSAIN Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 22932 of 2008 O R D E R: The petitioners seek a declaration that the alleged action of the 2nd respondent – Station House Oﬃcer, Kachiguda P.S. in attempting to evict the petitioners from House No.2-4-629 situated at Sundernagar, Kachiguda, Hyderabad while assisting the bailiﬀ in executing the warrant of delivery issued in E.P.No.24 of 1997 in O.S.No.713 of 1985 on the ﬁle of the Court of XXII Additional Chief Judge-cum-VIII Metropolitan Sessions Judge, Hyderabad in respect of House No.2-4-631/2 situated at Sundernagar, Kachiguda, Hyderabad is arbitrary and illegal. I have heard the learned counsel for the petitioners. As could be seen from the material on record, the petitioners had earlier ﬁled E.A.No.13 of 2007 in E.P.No.24 of 1997 claiming title to House No.2-4-629 and the same was allowed by the executing Court by order dated 05-05-2007. It appears that the said E.P.No.24 of 997 was ﬁled by the respondent No.3 herein for execution of decree for declaration of title and recovery of possession obtained by him in O.S.No.713 of 1985 in respect of H.Nos.2-4-630, 2-4-631 and 2–4-631/2. The petitioners alleged that in spite of the order dated 5.5.2007 in E.A.No.13 of 2007, the 3rd respondent has been attempting to interfere with their possession in respect of H.No. 2-4-629. It is also alleged that under the guise of a warrant of delivery of possession issued in E.P.No.24 of 1997 in respect of House No. 2-4-631/2 which is not existing at all, the respondents 3 and 4 with the help of respondents 1 and 2 are trying to dispossess the petitioners from H.No.2-4-629 misrepresenting that it is the E.P. Schedule property. Aggrieved by the said alleged action of the respondents, the present writ petition is filed. However, the warrant or any other order said to have been passed in E.P.No.24 of 1997 have not been placed before this Court. Even assuming that there is any such order and there is a threat of eviction under the guise of the warrant of delivery said to have been issued in E.P.No.24 of 1997, it is for the petitioners to approach the Executing Court before which the proceedings are pending. It is neither necessary nor proper for this Court to enter into various disputed questions of fact relating to the subject –matter of proceedings pending before the competent Civil Court and express any opinion. Therefore the interference by this Court in exercise of writ jurisdiction is unwarranted on any ground whatsoever. Accordingly, leaving it open to the petitioners to make an appropriate application before the Executing Court, the writ petition is disposed of. If any such application is made, the Executing Court shall consider the same in accordance with law. No costs. ______________ G. ROHINI,J Date: 21-10-2008 Note: Issue C.C. by tomorrow. B/o KLP