HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO. 11416 OF 2008 Tuesday, the Fifteenth day of December, Two Thousand and ten Between: Syed Eliyas Petitioner AND The Station House Officer, Miyapur Police Station, Cyberabad Commissionerate, Rangareddy District. Respondent ORAL ORDER: This writ petition is filed seeking a mandamus declaring action of the respondent in interfering with the possession and enjoyment including construction work of the petitioner in land admeasuring 0.33.4 guntas in Sy. No. 9,10,11,12 and 13 and land to an extent of 562 Sq. Yards in Sy. No.14, situated at Madinaguda village, Serilingampally Mandal and Municipality, Rangareddy District as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and to consequently direct the respondent not to interfere with the possession and enjoyment including construction work of the petitioner over the above said property. According to the petitioner, in view of the Memorandum of Understanding entered on 21.3.2005 with one V.Raja Mallaiah and five others, he became the developer with 56% share. Pursuant to the Memorandum of Understanding, the petitioner has invested substantial amount for construction of duplex houses. Since he was indisposed in his health, he has appointed one Ch. Srinivasa Rao and Ch. Gangadhar as his Manager and Site Supervisor respectively to look after and supervise the construction work. While things stood thus, the Manager and the Supervisor in collusion with the said V.Raja Mallaiah and his sons played mischief and offered to sell the constructed houses to third parties styling themselves as the owners of the property. On coming to know of this, the petitioner immediately rushed to Hyderabad and called on the Manager and Site Supervisor and also Raja Mallaiah and his sons. In turn, the said persons questioned the petitioner’s entitlement and right over the property and did not allow the petitioner to proceed with the construction activity. In this regard, he has filed suit O.S. No. 1146 of 2005 on the file of the learned I Addl. Senior Civil Judge, Rangareddy District. Initially, the court granted ad interim injunction on 1.5.2007 restraining the respondents/defendants from interfering in the petition schedule property till 20.06.2007 and further the I.A. was posted to 20.06.2007. Seeking extension of the ad interim injunction, dated 1.5.2007, another application was filed. However, the same was dismissed on 11.06.2008. While this being so, according to the petitioner, the respondent i.e. Station House Officer, Miyapur Police Station, Cyberabad Commissionerate, Rangareddy District, is trying to interfere with the civil dispute of the petitioner and the third parties including construction work undertaken by him. There is no necessity of going into all the details. Learned Government Pleader appearing for the first respondent stated that the police is not interfering in the civil disputes between the petitioner and the third parties. Recording the same, the writ petition is closed. No order as to costs. _________________ Justice C.V. Ramulu December 15, 2010 MAS