IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 12383 of 2009 Between: 1 Shaik Ahmed S/o.late Shaik Imam R/o.Manneguda, Ranga Reddy District. Represented by GPA Holder Syed Alamdar Hussain S/o.late Syed Lateef Ali Age: 63 Occ: Business R/o.23-1-248, Kotla Ali Jha, Hyderabad-23. 2 Rafeeq Ali S/o.late Masood Ali R/o.H.No.6-2-721, Malakpet, Hyderabad, Represented by GPA Holder Syed Alamdar Hussain S/o.late Syed Lateef Ali Age: 63 Occ: Business R/o.23-1-248, Kotla Ali Jha, Hyderabad-23. ..... PETITIONER(S) AND 1 The Commissioner of Police, Hyderabad. 2 The Station House Officer, Banjara Hills Police Station, Banjara Hills, Hyderabad. 3 Mr. Yadigiri Reddy Banjara Hills Police Station, Hyderabad. 4 S.Gopal Reddy H.No.11-5-413, Plot No.401, Bhavya Krishna Apts Red Hills, Hyderabad. 5 Rajender Reddy S/o.KVR Reddy R/o.H.No.1-10-72/2, Begumpet, Hyderabad. 6 Chandra Shekar Reddy S/o.Gopal Reddy R/o.11-5-430, Red Hills, 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the official respondents in harassing the petitioners without registering any crime and interfering in a civil dispute which is pending adjudication under O.S.No. 646/2007 on the file of III Additional Chief Judge, City Civil Court, Hyderabad as illegal, arbitray and one without jurisdiction besides violation of Article 21 of the Constitution of India and consequently direct the official respondents not to interfere with the property of the petitioners situated in admeasuring 280 sq. yards in Sub Plot No.15 and 285 sq. yards in Plot No. 16 in Sy.No.129/75/D/4 of Road No.13, Banjara Hills, Hyderabad and to pass. Counsel for the Petitioner:MR.AKKAM ESHWAR Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.12383 OF 2009 ORDER: 1 The petitioners approached this court and filed the present Writ Petition with the following prayer: For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the official respondents in harassing the petitioners without registering any crime and interfering in a civil dispute which is pending adjudication under O.S.No. 646/2007 on the file of III Additional Chief Judge, City Civil Court, Hyderabad as illegal, arbitray and one without jurisdiction besides violation of Article 21 of the Constitution of India and consequently direct the official respondents not to interfere with the property of the petitioners situated in admeasuring 280 sq. yards in Sub Plot No.15 and 285 sq. yards in Plot No. 16 in Sy.No.129/75/D/4 of Road No.13, Banjara Hills, Hyderabad and to pass. 2 All the respondents field separate and detailed counters. The official respondents filed a counter affidavit through the Inspector of Police, Banjara Hills, who is the second respondent herein and according to him in view of the civil disputes pending between the petitioners and the unofficial respondents, the police officials are not interfering with the rights of the petitioners or the unofficial respondents. 3 In the light of the said submission made by the police officials that they are not interfering in any manner whatsoever with the rights of the petitioners, this court is of the view that no orders can be passed in this Writ Petition. 4 Accordingly, the Writ Petition is dismissed. No order as to costs. ------------------ 10.08.2009 kvsn