HONOURABLE SRI JUSTICE K.C. BHANU

WRIT PETITION No.15734 of 2011

ORDER: -

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of respondent Nos.1 and 2 in not providing police protection to restrain respondent Nos.3 and 4 from demolishing the compound wall and dispossessing the petitioner illegally from his house plot admeasuring 150 square yards in Survey Nos.126 and 127 situated at Kothapet village, Uppal Mandal within L.B.Nagar Circle, GHMC, Hyderabad as illegal and to direct respondent Nos.1 and 2 to provide police protection to the petitioner's house plot.

2. Heard.

3. Case of the petitioner is that the petitioner is the absolute owner and possessor of house plot admeasuring 150 square yards in Survey Nos.126 & 127 situated at Mohan Nagar Colony, Kothapet of Uppal Mandal, Ranga Reddy District by virtue of registered sale deed, dated 18.11.2002 executed by its lawful owner Smt.Kareemunnisa Begum. Respondent No.4 hired services of other anti-social elements and on 12.05.2011 tried to demolish the compound wall of the petitioner causing partial damage and thereby tried to dispossess the petitioner from his house plot so as to encroach upon the petitioner's land. The petitioner has lodged a report with respondent No.2 regarding highhanded interference of respondent Nos.3 and 4 to dispossess the petitioner, but no action is taken against respondent Nos.3 and 4. Hence, the writ petition.

4. Respondent No.2 filed a counter affidavit stating that basing on the complaint of the petitioner, dated 13.05.2011, the police registered a case in crime No.234 of 2011 for the offence punishable under Sections 447 and 506 IPC and has taken up the investigation. The investigation revealed that the petitioner filed O.S.No.1685 of 2002 on the file of II Additional Junior Civil Judge, Ranga Reddy District for perpetual

injunction against respondent No.3 and others in respect of disputed site and the suit was dismissed on 30.01.2009. Against the said decree and judgment, an appeal is filed being A.S.No.120 of 2009 and the same is pending before the District Judge, Ranga Reddy District. Suppressing all these facts, the petitioner has filed the present writ petition. Hence, he prays to dismiss the writ petition.

5. The prayer sought for in the writ petition cannot be granted to the petitioner because the petitioner has to approach the competent civil court seeking redressal. But, however, in view of the fact that the police have already registered a case in crime No.234 of 2011, it is the statutory duty of the police to complete the investigation and file the report as contemplated under Section 173 of Cr.P.C.

6. Without adverting to the merits of the case, the Writ Petition is disposed of, with a direction to the police to complete the investigation and file report as contemplated under Section 173 Cr.P.C. within three months from the date of receipt of a copy of this order. The miscellaneous petitions pending in this writ petition, if any, shall stand closed. There shall be no order as to costs.

K.C. BHANU, J

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08.10.2012 lmv

HONOURABLE SRI JUSTICE K.C. BHANU

WRIT PETITION No.15734 of 2011

lmv

08.10.2012