IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4954 of 2009 Between: Smt. Farzana Begum, W/o. Easa, H.No.8-3-169/608, Habeeb Fatima Nagar, Borabanda - Yousufguda, Khairatabad Mandal, Hyderabad District. ..... PETITIONER AND 1 The Commissioner of Police, Basheerbagh, Hyderabad. 2 The Sub-Inspector of Police, Sanjeeva Reddy Nagar Police Station, 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 order, direction or a writ more particularly in the nature of Writ of Mandamus by declaring the inaction of the respondents on the complaint submitted by the petitioner herein on 28.1.09 and failure of the police to provide protection for the peaceful enjoyment of the land described above as arbitrary, illegal, highhandedly, being violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents to register the complaint and take appropriate action under the law and to give protection to the petitioner herein to construct upon the said plots. Counsel for the Petitioner:MS.G.RAJANI KUMARI Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R: The petitioner asserts that she is in possession of a Government house site No.163 admeasuring 60 sq. yards in S.No.127, Yousufguda, Hyderabad which she acquired on transfer from Narsamma, who is the member of Weaker Section Welfare Society, Borabanda, Hyderabad and the Government gave that land to her on 10.2.1993. While so, the petitioner put up a hut to dwell in it, but anti-social elements pulled it down and again when she tried to construct the house by bricks, on 18.1.2009, one Javid, Ahmed, Mohin and Ghouse and their henchmen obstructed her from constructing the house. Then, she lodged a complaint, dated 18.1.2009 to the 2nd respondent and another complaint dated 28.1.2009 to the 1st respondent requesting them to take action against the culprits, but it is her grievance that the respondents have not taken any action against them so far nor provided police protection to her. The 2nd respondent-Station House Officer filed counter affidavit stating that he never saw the petitioner till date and she did not turn up with any proper complaint and in the absence of any complaint from her, the respondent cannot do anything in the matter. The petitioner did not make the alleged culprits as party respondents in the writ petition and if the petitioner approaches them with proper complaint and genuine documents, the respondent shall certainly register her complaint and provide police protection, if necessary. Heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents. The complaint, dated 18.1.2009 made by the petitioner does not contain any material particulars about the alleged interference of the culprits with her constructions. In view of the stand taken by the respondent in the counter affidavit that the petitioner did not approach them, and that if the petitioner approaches them with proper complaint and documents, they will register such complaint, take action against the culprits and provide necessary police protection, if necessary, this Court is inclined to dispose of the writ petition with the following directions: “The petitioner is directed to file proper complaint furnishing necessary details to the respondents, and in the event of the petitioner lodging such a complaint, the respondents shall register the complaint, investigate the same, and then take necessary action against the culprits, in accordance with law.” Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 30th March 2009 bcj