IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 12814 of 2008 Between: 1 Mohamed Iqbal Merchant, S/o. Mohamed Ibrahim, pPresently R/o. H.No. 9-4-116/26, Bal Reddy Nagar Colony, Toli Chowki, Hyderabad. 2 L. Jaya Reddy, S/o. Late Sri L. Raghava REddy, R/o. 2-95/9/4, Mastan Nagar, Jubille Hills, Hyderabad. ..... PETITIONER(S) AND 1 The Station House Officer, Madhapur Police Station, Cyberabad Commissionerate, Madhapur, Hyderabad. 2 The Station House Officer, Raidurg Police Station, Cyberabad Commissionerate, Raidurg,, Hyderabad. 3 Venkatesh @ Venkatesham, S/o.Not Known, R/o. C. Bikshapathi, Flat No.37, Ayyappa Society Colony, Madhapur, 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 a Writ order or direction mroe particularly one in the nature of Writ of Mandamus declarng he actino of the respondents No.1 and 2 in summoning the petitioners to their Police Stations and insisting them to settle the civil dispute pertaining to the house bearing No. 1- 88/136 (Plot No.188) admeasuring 120.00 sq. yards situated at Anjaiah Nagar, Gachibowli Village, Serilingampalli Mandal, Ranga Reddy District, which is already demolished for construction of new house in its place between the petitioners and the unofficial 3rd respondent, as illegal, arbitrary and without jursidiction and consequently restrain the respondents from summoning the petitioners to the Police Station in connection with the civil dispute relating to the said property and pass Counsel for the Petitioner:MR.R.RADHA KRISHNA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following at the stage of admission : ORAL ORDER: Alleging unlawful interference with the petitioners’ ownership and possession of the property i.e., municipal house bearing No. 1-88/136 (Plot No.188) in an extent of 120 sq.yards in Anjaiah Nagar, Gachibowli Village, Serlingampalli Mandal, Ranga Reddy District, by the 2nd respondent at the instance of the 3rd respondent, the writ petition is filed. The 2nd respondent has filed a counter affidavit. To the extent relevant and material, the counter states that one Smt. B. Laxmi, the mother-in-law of the 3rd respondent lodged a complaint, alleging that the 2nd petitioner and others had trespassed into her house, damaged the compound wall and two rooms, in the premises in question. On the basis of the complaint, a case in Cr.No.167 of 2008 under Sections 447 and 427 of the Indian Penal Code was registered on the file of the 2nd respondent police station on 18.6.2008 and investigation is taken up. During the course of investigation, witnesses were examined and since the 2nd petitioner is shown as an accused, investigation into the alleged conduct of this petitioner is under process. The allegation of unlawful interference is denied. In the light of the averments in the counter affidavit, no case is made out for interference. The Writ Petition is accordingly dismissed at the stage of admission, after hearing the learned counsel for the petitioner and the learned Government Pleader for Home. There shall be no order as to costs. GODA RAGHURAM, J Date: 16.7.2008 cvm