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.5793 of 2001 Between: B. Hanma Reddy S/o Late Sri Narasimha Reddy Ramareddy Village, Sadasivanagar Mandal, Nizamabad District. ..... PETITIONER AND 1 Government of A.P., Rep. by its Secretary, Department of Home Secretariat, Hyderabad. 2 The District Collector Nizamabad District. 3 The Superintendent of Police Nizamabad District. 4 The Circle Inspector of Police Kama Reddy, Nizamabad District. .....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 may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Mandamus declaring the action of the police in driving me away out of my own house, demolishing the house and cattle shed and putting up a police picket as illegal, arbitrary and unconstitutional and consequently direct the respondents to pay damages for Rs. 10 Lakhs to me. Counsel for the Petitioner: MR.V.BRAHMAIAH CHOWDARY Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.5793 of 2001 ORDER: It is the case of the petitioner that he is the owner of house bearing No.6-88, admeasuring 500 sq. yards, situated at Rama Reddy village, Sadasivanagar Mandal, Nizamabad District, and the said premises also had a well and a cattle shed. He has been living in the said house since 1971 and paying house tax to the gram panchayat in respect of the said house. He has no other property except the said house. It is stated that Naxalites used to visit regularly Rama Reddy village and towards the end of 1998 and beginning of 1999, the Naxalite activity in the area has been increased, which resulted in severe police action and surveillance. One day, in the beginning of the year 1999, rumors spread that a Naxalite dalam was taking rest in a house very near to his house and householder himself gave information to the police about the fact of Naxalites being present in his house. On receiving the said information, a large posse of policemen descended on the area and the 4th respondent along with several other policemen barged into the house of the petitioner and demanded that policemen be allowed to temporarily stay in his house, as it was a strategic location for watching the house, in which Naxalites were present. Later on, it became regular activity of the police to come and put up a picket in his house. After a few days, the policemen began to demand that he should leave the said house and settle at any other place in the area, as the said house was a strategic point to put up a police picket. Inspite of his serious objections, the respondents brought a bulldozer and demolished his old tiled roof house and the cattle shed and set up a police picket in his house. Therefore, he made several representations to the Superintendent of Police, Nizamabad, and the District Collector, Nizamabad, but the same have not been considered. Therefore, the petitioner seeks to issue a Writ of Mandamus to declare the action of the police, in driving him away out of his house, demolishing his house and cattle shed and putting up a police picket, as illegal and arbitrary and consequently, to direct the respondents to pay damages of Rs.10 lakhs to him. A counter has been filed stating that it is true that the petitioner is the owner of the house bearing No.6-88 admeasuring about 105 sq. yards as per the gram panchayat records at Rama Reddy village of Sadashivanagar Mandal, Nizamabad District. However, the petitioner is not residing in the said house. In fact, the petitioner used the said premises as a cattle shed. The petitioner is having agricultural land admeasuring Ac.23-20 gts. in various survey numbers in Rama Reddy Village. Apart from that, the petitioner is also having house bearing No.9-95 at Rama Reddy Village and also a house bearing Door Nos.1-3-29/1 to 3 at old Bus Stand, Kamareddy and he has been living in the said house at Kamareddy. The allegation that the police occupied his house at Rama Reddy village is denied stating that police never occupied the cattle shed and the house of the petitioner, at any point of time, and that the petitioner himself demolished his old cattle shed and taken away wood and other materials. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the disputed questions of fact cannot be decided in this writ petition and, therefore, the same is liable to be dismissed. At this stage, the learned counsel appearing for the petitioner submits that the petitioner is no more. Having regard to the facts and circumstances of the case, the writ petition is dismissed with liberty to the legal heirs of the petitioner to file a civil suit to establish the right of the petitioner. There shall be no order as to costs. ___________ 19-06-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SRAVAN}