THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.8723 of 2009 Date:05.10.2009 Between:- B.Laxminarayana .. Petitioner And The Deputy Commissioner of Police, Central Zone, Hyderabad and others. .. Respondents ORDER: This writ petition is filed seeking a writ of Mandamus to declare the action of the respondents in not taking any action on the petitioner’s complaint dated 08.04.2009 inspite of repeated visits, as illegal, arbitrary, unjust and consequently direct the respondents to act on the said complaint forthwith and take action in accordance with Law. The case of the petitioner is that his father purchased land admeasuring 979 sq.yards in Sy.No.132 (Part), T.S.No.14, Block-Q, Ward No.153 of Zamistanpur, Hyderabad from the lawful owner by virtue of a registered sale deed dated 09.09.1985. His father died leaving him and other legal heirs and therefore, they succeeded the property and are in peaceful possession and enjoyment of the said property without anybody’s interruption. While so, one person by name Mr.Jangaiah Goud, without any manner of right, started interfering with their peaceful possession and threatened him and his family with dire consequences but the petitioner had resisted them and thereafter, the said Jangaiah instigated the Municipal authorities, who in turn started interfering with their possession. Therefore, the petitioner filed O.S.No.1818 of 2009 on the file of the X Junior Civil Judge, Hyderabad for permanent injunction along with I.A.No.397 of 2009 seeking ad-interim injunction pending the suit and the Court below had granted the order of statusquo on 02.04.2009. Inspite of the order of statusquo, Mr.Jangaiah Goud and his henchmen have raised a compound wall in his land violating the order of status quo. Therefore, the petitioner filed a complaint dated 08.04.2009 before the respondents but no action has been taken by them. Hence, the writ petition. On the other hand, the Inspector of Police, Chikkadapally Police Station filed counter on behalf of the respondents stating that the petitioner lodged a complaint on 08.04.2009 with the respondents requesting to take necessary stern action against the illegal encroachers over his land. Based on the complaint, an enquiry was made which revealed that one B.Balamani and the petitioner have filed suit O.S.No.1818 of 2009 for perpetual injunction against Jangaiah Goud and another on the file of X Junior Civil Judge, City Civil Court, Hyderabad and also filed I.A.No.397 of 2009 for ad- interim injunction and the Court below granted the order of status quo on 02.04.2009. Pursuant to the said complaint, the respondents visited the site on 08.04.2009 and found that no construction was going on and the respondents asked the petitioner to produce the relevant documentary evidence and witnesses to take further action but till today, the petitioner neither approached the respondents nor submitted any documentary evidence. Therefore, it is stated that whenever the petitioner submits the relevant documents, further action will be taken. The case of the petitioner is that having regard to the land claimed by him, the above mentioned suit is filed against Jangaiah Goud and obtained ad-interim injuntion in I.A.No.397 of 2009 and the Court below granted the order of status quo on 02.04.2009 in respect of the above mentioned land. It is the further contention of the petitioner that when the order of status quo subsists, the respondent in the I.A. was making illegal construction over the said land. Therefore, the petitioner lodged the complaint and no action has been taken thereon. Counter has been filed by the Inspector of Police, Chikkadapally Police Station stating that pursuant to the complaint, Inspector of Police, Chikkadpally had visited the site on 08.04.2009 and found that there was no construction going on and he asked the petitioner to furnish the necessary documents for verification to take further action. But the petitioner has not furnished any documents. Therefore, as and when necessary documents are furnished, further action will be taken. Admittedly, the competent Civil Court granted order of status quo in respect of the land belonging to the petitioner. When the order of status quo was subsisting, the respondents in the I.A. interfered with the said land. When complaint is lodged by the petitioner, it is the duty of the respondents to protect the land of the petitioner from the interference of the respondents in the I.A. No further documents are required for the respondents to discharge their duty to see that the order passed by the Court below is implemented on the suit schedule property. Therefore, the respondents are directed to see that the order passed by the competent Court is implemented in a legal manner without referring to any documents, which are nothing to do with the respondents. With the above observation, the writ petition is closed. No costs. ___________________ G. CHANDRAIAH, J 5th October, 2009 AMD