IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.16786 of 2004 Between: 1 Smt.A.Saritha W/o.A.Narsimha R/o.H.No.5-88, Bharani Nagar Old Alway, Secunderabad. 2 Sri G.K.Hanumantha Rao S/o.Late G.Tirupathi R/o.H.No.4-110, Hanuman Takdi Macha Bolarum Secunderabad. ..... PETITIONERS AND 1 Station House Officer Allwal Police Station Alwal, Secunderabad. 2 Sri T.Ramanaiah s/o.T.Mogaiah R/o.H.No.19-164/1E. Joshi Nagar, West Venkatapuram, Alwal, Ranga Reddy District. .....RESPONDENTS 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 more particularly in the nature of writ of Mandamus a) Declaring the action of the Respondents-1 in interfering in Civil disputes with regarding to H.No.5- 431/20/8 on Plot No.81/P in S.No.24,25 and 34 admeasuring 250 Sq.Yards situated at Jonnabanda, under Alwal Municipality and harassing the petitioners herein is illegal, arbitrary and violative of Article 14 and 21of the Constitution of India and without any jurisdiction or authority and b) Consequently, direct the respondents not to interfere or harass the petitioners in Civil disputes and c) pass such other order or orders in the interest of justice. Counsel for the Petitioner: MR. Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{MPL} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.16786 of 2004 ORDER: Heard on either side. The petitioners seek to issue a Writ of Mandamus, declaring the action of the 1st respondent-Station House Officer, Alwal Police Station in interfering with the civil disputes with regard to house property bearing H.No.5-431/20/8 on plot No.81/P in Sy.No.24, 25 & 34, admeasuring 250 sq.yards, situated at Jonnabanda, as illegal and arbitrary. This Court, by order dated 20.09.2004, before admitting the writ petition, passed an interim direction to the 1st respondent not to interfere with the civil disputes of the petitioner in respect of the house property in question. Unless there is an order of Civil Court or the High Court providing police protection, the police cannot interfere with the civil rights of the citizens. It is for the petitioner and the 2nd respondent to resolve their disputes before the appropriate Civil Court with regard to the immovable property in question. Having regard to the facts and circumstances of the case, the Writ Petition is dismissed against the 2nd respondent, and allowed against 1st respondent, directing him not to interfere with the civil disputes relating to the house property bearing H.No.5-431/20/8 on plot No.81/P in Sy.No.24, 25 & 34, admeasuring 250 sq.yards, situated at Jonnabanda. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 17.04.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Station House Officer Allwal Police Station Alwal, Secunderabad. 2 2. 2CCs to 3. 2CD copies