IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.808 of 2005 Between: Mohd. Saleem, S/o. Late Mohd. Mahaboob, Muslim, R/o. H.No. 36-602/1A/1, Himayathnagar, Hyderabad. (GPA Holder of Smt. T. Janaki Bai, D/o. T. Kamal Kishore Singh, T. Jalal Singh and Bhushal Singh, Sons of T. Kamal Kishore Singh) ..... PETITIONER AND 1 The Commissioner of Police, Cyberabad, R.R. District, Lakdikapool, Hyderabad. 2 The Station House Officer, P.S.L.B. Nagar, R.R. District. 3 The District Collector, R.R. District, Lakdikapool, Hyderabad. 4 The Mandal Revenue Officer, Saroornagar (M), R.R. District. 5 The Commissioner, L.B. Nagar Municipality, R.R. 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 will be pleased to to issue a writ order or directionn more particularly one in the nature of Writ of Mandamus declaring sthe action of the respondent 1 to 3 in not conducting an enquiry to register a case against the culprits and in not taking action by the respondents 4 and 5 to stop the construction work inspite of the 'Status Quo Orders' passed by the Principal Junior Civil Judge, Hyderabad, East and North, R.R. Ditrict, at L.B. Nagar in OS No. 1033/04, is illegal, irregular committing derliction of duty, and save the petitioner's life under Art. 21 of the constitution of India, and pass such other order or orders Counsel for the Petitioner:MS.K.N.VIJAYA LAXMI Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.808 of 2005 ORDER: It is the case of the petitioner that one Tagore Sardar Singh, who was a freedom fighter, was allotted the land admeasuring Ac.10-13 gts. in Sy.No.66/7 situated at Mansoorabad Village, Saroornagar Mandal, Ranga Reddy District, and that after his death, his legal heirs succeeded to the said property and the petitioner is the G.P.A. holder of the said legal heirs. It is stated that some of the legal heirs of the said Tagore Sardar Singh filed a suit O.S.No.1033 of 2004 and obtained an interim injunction in I.A.No.2416 of 2004, dated 23-08-2005, on the file of the Principal Junior Civil Judge, Ranga Reddy District, L.B.Nagar, Hyderabad, restraining the defendant therein namely Shivaraj Reddy, the 6th respondent herein, from interfering with the peaceful possession and enjoyment of the suit schedule property bearing Plot Nos.17, 18, 19, 19/A, 20, 21, 22 and 23 in Sy.No.66/7 situated at Mansoorabad Village, Saroornagar Mandal, Ranga Reddy District. It is stated that the 6th respondent herein with the help of unsocial elements attacked the petitioner and the legal owners of the said land and threatened to kill them and, therefore, complaints have been filed on 21-12-2004 and 29- 12-2004 before respondents 1 and 2 respectively to take appropriate action against the accused, but no action has been taken. Therefore, complaints were also made before the Collector, Ranga Reddy District, on 01-01-2005 and 15-01-2005, but no action has been taken. As no action has been taken by the official respondents 1 to 3, the petitioner filed this writ petition seeking a Writ of Mandamus declaring the action of respondents 1 to 3 in not conducting enquiry and in not registering the case against the accused and also the action of the municipal authorities i.e., R-4 and R-5 in not stopping the construction work inspite of obtaining status-quo as illegal and arbitrary. A counter has been filed on behalf of respondents 1 and 2 stating that some of the legal heirs of Tagore Sardhar Singh filed the suit O.S.No.1033 of 2004 and obtained an order of status-quo against the 6th respondent alone. It is stated that on receipt of the complaint about the alleged incident, the police went to the place of the alleged incident and conducted an enquiry and found that the said land was made into plots and was acquired by several persons and the enquiries made revealed that the occupants, who are residing there, are having registered sale deeds and the allegation that the legal heirs of Tagore Sardar Singh were in possession of the said land is not correct and there is no open land as it was converted into colony. It is stated that as the preliminary enquiry revealed that the dispute is purely civil in nature, no case was registered against the accused. A similar counter has been filed by the 5th respondent stating that the owners are no more in possession of the said land and all the allegations made in the affidavit filed in support of the writ petition are incorrect and untrue. It is further stated that the said land was developed as per layout sanctioned by the Grampanchayat, Mansurabad and there are several sale transactions in respect of the said layout and therefore, the Municipality granted permission on the strength of the registered documents furnished by the individual applicants. It is not known as to whether the suit O.S.No.1033 of 2004 was decreed or not. But, the order of injunction was ordered against the 6th respondent alone. If there is any violation of the order of the civil court, it is always open for the petitioner and the plaintiffs in the said suit, to take appropriate action either for violation of the said order or for police protection or for obtaining appropriate orders from the court concerned. As there is an alternative remedy available to the petitioner to resolve the civil disputes before the civil court and to take criminal action against the accused before appropriate criminal court, the disputed questions of fact cannot be decided in the writ petition. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 01-05-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}