THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.7529 of 2011 ORDER: In this writ petition, petitioner seeks a mandamus declaring the action of the second respondent – Station House Officer, Humayun Nagar Police Station, Hyderabad, in directing him to vacate Flat No.B- 5 in municipal premises bearing No.10-3-293/3 situated at V.N.Colony, Hyderabad, as illegal, arbitrary and in violation of the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. Petitioner is a tenant in Flat No.B-5 in municipal premises bearing No.10-3-293/3 of V.N.Colony, Hyderabad. On the ground that respondents 3 to 5 are interfering with his possession, he filed O.S.No.592 of 2011 against them on the file of the learned IX Junior Civil Judge, City Civil Court, Hyderabad, and it is pending. It is stated that in the said suit, he also filed I.A., in which, notice was ordered by the trial Court. In this writ petition, it is the grievance of the petitioner that when the civil disputes are pending before the competent Court, the second respondent is interfering with the civil disputes and directing the petitioner to vacate Flat No.B-5 in the municipal premises as referred to above. On instructions, it is submitted by the learned Assistant Government Pleader for Home appearing for respondents 1 and 2 that the petitioner has lodged a private complaint before the learned VI Additional Chief Metropolitan Magistrate, Hyderabad, stating that in 2009, the petitioner was approached by respondents 3 to 5 to offer their flats bearing No.B-5 and B-4 in the above said building on monthly rent basis and he paid Rs.24,000/- as advance rent by executing the written agreement with the third respondent but subsequently, he was given possession only one flat bearing No.B-5, as such, he requested to take action. The said complaint was referred to the police. On such reference, a case in Crime No.91 of 2011 was registered for the offences under Sections 419, 420, 384, 452 and 506 IPC against A.1 to A.6 i.e. respondents 3 to 5 and some others. It is also submitted that the case is under investigation and after completion of investigation, necessary report will be filed. Even according to the submissions of the learned Assistant Government Pleader for Home appearing for respondents 1 and 2, the petitioner is in possession of flat bearing No.B-5 in the municipal premises referred to above. In that view of the matter, though it is open to respondents 1 and 2 to complete the investigation in Crime No.91 of 2011, at the same time, they shall not interfere with the civil disputes, which exists between the petitioner and respondents 3 to 5, as well as the possession of the petitioner. As it is submitted by the learned Assistant Government Pleader for Home appearing for respondents 1 and 2 that the second respondent is not interfering with the civil disputes, I deem it appropriate to direct the second respondent not to interfere with the civil disputes and not to insist the petitioner to vacate flat bearing No.B- 5. However, it is open to the parties to work out their remedies before the competent civil Court. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 28th MARCH, 2011. kvni