IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13788 of 2008 Between: Sri K. Srinivas, S/o. K. Laxmaiah, Restaurant, 6-3-110, 2nd Floor, Amrutha Malla, Rajiv Gandhi Circle, Begumpt, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Department of Home, Secretariat, Saifabad, Hyderabad. 2 The Commissioner of Police, Hyderabad. 3 The Asst. Commissioner of Police, Zone, Panjagutta, Hyderabad. 4 The Station House Officer, Panjagutta Police Station, Panjagutta, Hyderabad. 5 M/s. Japson Estates Pvt. Ltd. Hyderabad, Rep by its Managing Director Smt. N. Padmaja Devi, W/o. N. Jayakrishna, Aged about 48 years, R/o. 10- 3-310, Humayun Nagar, Masab Tank, Hyderabad. 6 Nandamuri Jayakrishna, s/o. Late Sri Nandamuri Taraka Rama Rao, R/o. 10-3-310, Humayun Nagar, Masab Tank, 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 an appropriate writ, order or direction, more particularly a writ in the nature of Mandamus, declaring the action of the 4th respondent in interfering with my business and peaceful physical possession of the leased premises at the instance of the respondents 5 & 6 without having registered any crime against me and, in forcing me to have a 'Settlement' with the unofficial respondents, not withstanding the fact of pendency of a civil case in OS No. 588/2005 on the file of II Senior Civil Judge, City Civil Couts, at Hyderabad, and in threatening me and my staff with dire consequences, if we were not heed the warnings, as being illegal, arbitray and unconstitutional, apart from being violative of Arts., 14, 19(1)(g), 21 and 300-A of the constitution of India, as well as various judicial pronouncements of this Hon'ble Court and the Hon'ble Apex Court, and consequently direct the respondents 1 to 4 not to interfere with my right to carry on hotel business, and pass Counsel for the Petitioner:MR.D.SESHADRI NAIDU Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13788 of 2008 ORAL ORDER: The writ petition is filed on an allegation that at the instance of respondent Nos. 5 and 6, the respondents in particular the 3rd respondent is coercing the petitioner to settle disputes with the party respondents and vacate the premises in shops bearing Municipal No. 6-3-1110, Begumpet, Hyderabad in respect of which the petitioner claims to have a license under the Hyderabad City Police Act for running a restaurant in the name and style of M/s Casbah Restaurant Pub and Bar. The 4th respondent has filed a counter affidavit clearly and categorically denying each and every allegation of the petitioner in regard to the interference at the instance of respondent Nos. 5 and 6; as also of the allegation that the answering respondent had summoned the petitioner or his staff to the police station at any point of time and directed them to settle the disputes with respondent Nos. 5 and 6. The petitioner has not chosen to file any affidavit in rebuttal nor to marshal any evidence in support of the allegations in the writ petition. In the circumstances the allegations in the writ petition are misconceived as is the writ petition and it is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 11-07-2008 Pvks/*