IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12373 of 2005 Between: Syed Iqbal Ali, S/o Syed Osman Ali, R/o 14-2-300, Razakpura, Hyderabad. ..... PETITIONER AND 1 The Deputy Commissioner of Police, West Zone, A.C. Guard, Hyderabad. 2 The Inspector of Police. Police Station, Asif Nagar, Hyderabad. 3 Mohd. Sirak, S/o Shaikchand, R/o 12-1-490/C, Jihrra, Asifnagar, 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 will be pleased to issue a Writ Order or Direction more specifically in the nature of Mandamus directing the respondents 1 and 2 not to interfere into civil matter and take the possession of the timber depot bearing premises No. 12-1-490/C, situated at Asif Nagar, Hyderabad, so as to hand over the same to the Respondent NO.3 and consequently an interim direction be issued directing the Respodnent No.1 and 2 to remove the lock and chain put up on the main gate and allow the petitioner to enter into the premises and such any other order or orders be passed which deems fit and proper under the circumstances of the case. It is therefore prayed that this Honourable Court be pleased to pass an interim direction, directing the Respondent No.1 and 2 to remove the lock and chain put up on the gate in respect of the premises known as Arbas Timber Depot, within the premises No. 12-1-490/C, Asif Nagar, Hyderabad and allow the petitioner to enter into the Timber Depot without any interruption and pass such any order or orders be passed which deems fit and proper under the circumstances of the case. Counsel for the Petitioner:MR.MOHD.QASIM Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{AVLR} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12373 of 2005 O R D E R: None appears for the petitioner. The petitioner seeks to issue a Writ of Mandamus, directing the respondents 1 and 2, the Deputy Commissioner of Police, West Zone, AC Guard and the Inspector of Police, Asifnagar, Hyderabad not to interfere with the civil matter and take possession of the timber depot bearing premises No.12-1-490/C, situated at Asifnagar, Hyderabad so as to hand over the same to the 3rd respondent, and also directing the respondents 1 and 2 to remove the lock and chain put up on the main gate and allow the petitioner to enter into the premises. A counter has been filed stating that based on a complaint against the petitioner and others a case in Cr.No.141/2005 for the offence under Sec.384, 420 and 506 IPC was registered on 30.05.2005 and the petitioner was absconded from the date of registration of the crime and in fact, the 3rd respondent approached the Civil Court and obtained interim injunction on 03.06.2005 and to evade arrest in the above crime, the petitioner filed the present writ petition. The allegations that since last one month the respondents 1 and 2 have colluded with the 3rd respondent and are trying to meddle with the physical possession and on 31.05.2005 they came to the timber depot and threatened the petitioner to vacate the premises etc. are denied, and it is stated that there was no any interference with the premises of the timber depot in question. In view of denial of all allegations made by the petitioner, I am of the opinion that nothing survives in the present writ petition, as respondents 1 and 2 are not interfering with the possession of the timber depot in question. The Writ Petition is, accordingly, dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 19.06.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Deputy Commissioner of Police, West Zone, A.C. Guard, Hyderabad. 2 The Inspector of Police. Police Station, Asif Nagar, Hyderabad. 3.2CCs to 4.2CD copies