IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 24906 of 2005 BETWEEN: M/s. Lakshminagar Housing Welfare Association, Regd. No. 3554/90, rep by President Smt. G. Lakshmi, W/o Sivarama Raju R/o Flat No. 202, Mahalakshmi Srinivas Apartments, Arora Colony, Road No. 3, Banjara Hills, Hyderabad. ... PETITIONER AND 1 The Director General and Inspector General of Police, Lakdi-ka- Pool, Hyderabad, A.P. 2 The Commissioner of Police, Cyberabad, Lakdi-ka-pool, Hyderabad 3 The Station House Officer, Kukatpally, Ranga Reddy District, Hyderabad. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue appropriate Writ or order or orders and more particularly in the nature of Writ of Mandamus declaring that the acts, deeds and things of the respondents in not taking any action on the complaints lodged to the respondents on date 06-112-2005 to the 3rd respondent and on 08-11-2005 to the 2nd respondent, are illegal, arbitrary, against to the principles of natural justice, abusive of process of law and much against to the legal and fundamental rights guaranteed under the constitution of India and consequently: a) direct the respondents to initiate and take appropriate proceedings and action in pursuance of the complaints lodged by the writ Petitioner dated 06-11-2005 and 08-11-2005 by registering Crime and to investigate the offences committed by the culprits. b) direct the respondents to provide necessary police protection to safeguard the interest of the Writ Petitioner from any encroachments from any of the persons in the land admeasuring acres 7000, is Survey No. 163, Situated at Hydernagar Village, Balanagar Mandal, Ranga Reddy District and to pass such other order or orders as deem fit and proper in the circumstances of the case and in the interest of justice as otherwise, the petitioners shall be put to grave and inexplicable hardship and injury. Counsel for the Petitioner: MR.CH.VENKAT RAMAN Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: Petitioner – association seeks a Writ of Mandamus to declare the action of the Station House Officer, Kukatpally Police Station in not taking action against the impleaded un official respondents for their alleged trespass into its housing plots situated in Sy.No.163, Hydernagar Village, Balanagar Mandal, Ranga Reddy District, as illegal and arbitrary. 2. I am of the opinion that the complaint dated 06.11.2005 discloses commission of cognizable offence but if the police fail to take any action, the petitioner-association has an effective alternative remedy by way of filing a private complaint before the concerned Court under Section 190 read with Section 200 of the Code of Criminal Procedure. In view of the effective alternative remedy available to the petitioner, I am not inclined to exercise the extraordinary jurisdiction of this Court to resolve the allegations. The writ petition is accordingly dismissed with a liberty to the petitioner-association to take appropriate steps in accordance with law. There shall be no order as to costs. ______________ V. ESWARAIAH, J July 10, 2008 DSK