IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3260 of 2008 Between: Sri Mohammed Nawaz Hussain S/o.Mohammed Abbas Hussain R/o.H.No.17-8-419/4/E/8/1, Bagh-e-Jahanara, Hyderabad. A.P. ..... PETITIONER AND 1 The Assistant Commissioner of Police, Santhosh Nagar, Hyderabad. 2 The Station House Officer, Santhosh Nagar Police Station, Hyderabad. 3 The Sub Inspector of Police, Santhosh Nagar, Hyderabad. 4 Sri. Afzaluddin Ahmed S/o.Rafiuddin Ahmed R/o.H.No.12-3-336/c, Murad Nagar, 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 of Mandamus and declaring the action of the respondent No. 1 to 3 interfering in civil disputes unlawfully is illegal, high handed and unauthorised and violative of the rights guaranteed under Art. 21 of the Constitution of India and consequently direct the respondent 1 to 3 not to interfere in civil disputes and forcefully dispossessing the petitioner from the disputed property i.e., House bearing Municipal No. 18- 8-221/10/1, admeasuring 533-00 Sq. Yards situated at Riyasathnagar, Hyderabad, A.P. and pass such other relief or reliefs. Counsel for the Petitioner:MR.M.R.MOHD.IRFAN Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORDER: Questioning the action of the respondents in interfering in civil disputes and in forcefully dispossessing the petitioner from house bearing Municipal No.18-8- 221/10/1, admeasuring 533 square yards situated at Riyasathnagar, Hyderabad, A.P., this Writ Petition has been filed. Petitioner claims title and possession over the house bearing Municipal No.18-8-221/10/1, admeasuring 533 square yards situated at Riyasathnagar, Hyderabad. It is stated that alleging interference by the fourth respondent and two others, petitioner has already filed a suit in O.S.No.1282 of 2007 on the file of the VIII Junior Civil Judge, City Civil Court, Hyderabad, who granted status quo vide order in I.A.No.617 of 2007 dated 21-03-2007. It is the grievance of the petitioner that although status quo order is still in force, at the instance of the fourth respondent, the respondents-Police authorities are trying to dispossess him from the property in question. It is his further grievance that he filed a private complaint under Section 200 Cr.P.C., for the alleged offences punishable under Sections 448, 420, 506 r/w 468 and 120 B of IPC in SR.No.1165 of 2008 on the file of the VII Additional Chief Metropolitan Magistrate, Hyderabad, and the same was referred to the second respondent for investigation, but so far neither a case has been registered nor the fourth respondent has been arrested. It is submitted by learned Government Pleader for Home that a private complaint is lodged by the fourth respondent also alleging trespass by the petitioner into the very same house and investigation is ordered therein by referring the matter as required under Section 156(3) Cr.P.C. Whether the petitioner is in possession of the property in question or the fourth respondent is the matter, which got seized before the civil Court having regard to the nature of dispute. But, however, when a complaint is filed by the petitioner alleging trespass and the matter is referred to Police, it is the duty of the respondents-Police authorities to investigate the matter and file a report under Section 173 Cr.P.C and when such an enquiry is conducted, it cannot be said that there is an interference by the respondents-Police authorities with the possession of the petitioner. Having regard to the above said facts and circumstances, I dispose of the Writ Petition directing the respondents-Police authorities to investigate on the complaints referred by the Magistrate. But however, the respondents shall not take any coercive steps for eviction of the petitioner from the house in question, if he is in possession. Subject to the above direction, Writ Petition is disposed of. No order as to costs. __________________ (R.Subhash Reddy, J) 19th February, 2008 lur ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Assistant Commissioner of Police, Santhosh Nagar, Hyderabad. 2 The Station House Officer, Santhosh Nagar Police Station, Hyderabad. 3 The Sub Inspector of Police, Santhosh Nagar, Hyderabad. 4. 2CCs to the G.P. for Home 5. 2CD copies