THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.29445 OF 2011 ORDER: This Writ Petition is filed to declare the action of the second respondent, in interfering with the petitioner’s right to construct his house at D.No.12-2-563/54/1 of Gudimalkapur, Hyderabad, as arbitrary and illegal, and to direct the second respondent to forthwith refrain from interference. The petitioner claims to have entered into an agreement of sale, for purchase of the property bearing municipal No.12-2-563/54/1 admeasuring 84 Square Yards or 70.56 Square metres situated at Gudimalkapur, Hyderabad, on 01.06.1999; that he took possession thereof, and conducted house warming ceremony in November, 1999; a sale deed was executed thereafter on 05.02.2004; and he has been in continuous possession and enjoyment ever since. The petitioner would contend that he demolished the existing house on 29.08.2011 and, when he started constructing the building in question, the second respondent had directed him to come to the police station, and had threatened him with dire consequences if he failed to compromise with respondent Nos.3 and 4. A counter affidavit is now filed by the second respondent wherein the allegations of either summoning the petitioner to the police station, or interfering with the civil disputes, between the petitioner on the one hand and respondent Nos.3 and 4 on the other, are denied. It is further stated that there is no criminal case pending on the file of Asifnagar Police Station against the petitioner herein, and the allegations to the contrary, made in the affidavit filed in support of the Writ Petition, are not true. Since it is the accepted case of the second respondent that the petitioner is not required in any criminal case, he shall not be summoned except after a notice, as stipulated under Section 41A of the Code of Criminal Procedure, 1973, being issued in writing calling upon him to appear. Recording the submissions of the second respondent that they were not interfering with the civil disputes between the petitioner on the one hand and respondent Nos.3 and 4 on the other, and they were not calling the petitioner to the police station, the Writ Petition is closed. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J November 21, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.29445 OF 2011 November 21, 2011 MD