IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21348 of 2010 BETWEEN D. Rajeshwar Rao. ... PETITIONER AND The State of Andhra Pradesh, rep. by its Pincipal Secretary, Department of Home, Secretariat, Hyderabad and others. ...RESPONDENTS Counsel for the Petitioner: MR. CH. SAMSON BABU Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: In this writ petition the petitioner seeks directions by way of Mandamus to declare the action of the official respondents in not taking action on the complaint dated 09.07.2010 lodged by the petitioner before the Station House Officer, Dowleshwaram Police Station. 2. It is the case of the petitioner that he is the owner and possessor of the residential site being plot No.8 in T.S.No.940 of Swaraj Nagar, Rajadhmundy, which admeasures 240 sq. yards. The petitioner acquired the said property by way of registered gift and which is upheld by the civil Court in O.S.No.7 of 2004 on the file of the Principal Senior Civil Judge, Rajahmundry. It is the grievance of the petitioner that in spite of the orders of the civil Court and the further order of injunction in O.S.No.1308 of 2003 on the file of the IV Additional Junior Civil Judge, Rajahmundry, there is an interference by the fifth respondent along with henchmen when the petitioner was proceeding with the construction of the compound wall. 3. Counter affidavit is filed at the stage of admission. In the counter denying the various allegations it is stated that on the complaint by the petitioner on 09.07.2010 enquiries were made and the respondents found that the matter is of civil nature and the petitioner was advised to approach the civil Court for police aid. 4. In view of the allegations in the affidavit and also the complaint filed by the petitioner, it appears that the dispute is purely of civil nature. In any event, if the petitioner still fells that the fifth respondent has committed an offence, it is open to the petitioner to move the competent Court under Section 200 of the Code of Criminal Procedure, in which event, it shall be examined by the competent Magistrate, but in view of the averments in the counter affidavit, no relief can be granted to the petitioner in this writ petition. Keeping it open to the petitioner to pursue remedies under Cr.P.C., the writ petition is dismissed. There shall be no order as to costs. __________________ R. SUBHASH REDDY, J December 13, 2010 DSK