IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 19399 of 2005 Between: Sardar Iqbal Singh, S/o.Late Sardar Seva Singh, R/o.8-2-228, Mira Trade Centre, Panjagutta, Hyderabad. ..... PETITIONER AND 1 The Commissioner of police, Hyderabad, office at Basheerbagh, Hyderabad. 2 The Assistant Commissioner of Police, North Zone, Hyderabad. 3 The Deputy Commissioner of police, North Zone, Hyderabad. 4 The Station House officer, Tirumulgherry P.S., Secunderabad. 5 The Mandal Revenue officer, Tirumulgherry, Secunderabad. .....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 one in the nature of writ of Mandamus, to declare the action of the 4th respondent in causing his interference in the civil dispute pending before the court of I Additional Judge, City Civil Court Secunderabad and during the subsistence of the injunction orders in I.A.No.1091 of 2005 in C.M.A.No.15 of 2005 as arbitrary, illegal, unconstitutional and consequently direct the respondent No.4 herein to forthwith take appropriate action against the 5th respondent in pursuance of the complaint date 4-8-2005, and to grant such other relief or reliefs as this Hon'ble court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.G.NANDA GOPAL Counsel for the Respondents 1 to 4: GP FOR HOME Counsel for the Respondent No.5: GP FOR REVENUE The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the 4th respondent in causing his interference in the civil dispute pending on the file of the I Additional Judge, City Civil Court, Secunderabad and during the subsistence of the injunction orders in I.A.No.1091 of 2005 in C.M.A.No.15 of 2005, as illegal and arbitrary and consequently to direct the respondent No.4 to take appropriate action against the respondent No.5 in pursuance of the complaint, dated 04.08.2005. It is the case of the petitioner that he purchased an extent of land admeasuring 597 square yards bearing Plot No.22 situated in Sy.No.113 in layout of Jupiter Co-operative Housing Society situated at Tirumalgherry village, Secunderabad and when the Mandal Revenue Officer attempted to interfere with the peaceful possession and enjoyment of the petitioner, he has filed a civil suit and obtained status-quo order in I.A.No.44 of 2005 in O.S.No.13 of 2005 on the file of the XI Junior Civil Judge, City Civil Court, Secunderabad. Aggrieved by the same, the petitioner carried the matter in appeal in C.M.A.No.15 of 2005 on the file of the I Additional Chief Judge, City Civil Court, Secunderabad and the learned Judge granted interim injunction restraining the Mandal Revenue Officer and the government from interfering with the possession and enjoyment of the said property. A counter has been filed by the respondents 1 to 4 stating that on a complaint filed by the 5th respondent alleging that the petitioner has encroached upon the government land, but whereas the interim injunction obtained by the petitioner relates to Sy.No.113, but not Sy.No.112, the 4th respondent has registered a case in Crime No.150 of 2005 under Section 447 IPC on 30.07.2005 and the investigation was taken up. Registration of a criminal case in Crime No.150 of 2005 against the petitioner by the police, it cannot be said that without following due process of law, the police are interfering with the civil disputes. Unless the petitioner questions the said registration of the crime, he is not entitled for any relief sought for in this writ petition and if there is any violation of interim injunction, it is open for the petitioner to take up appropriate steps to punish the respondents for violation of the said injunction order. Having regard to the facts of the case, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:04.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JA}