FARHAT BEGUM Vs. INSPECTOR OF POLICE,HYDERABAD

JUDGEMENT

(1.) This writ petition is filed for a mandamus to declare the action of respondent No. 1 in interfering with the peaceful possession of the petitioner in respect of property bearing Municipal No. 10/3/299/4, Humayun Nagar, Hyderabad in violation of order passed in I.A. No. 13/2010 in OS No. 139/2010 on the file of X Junior Civil Judge, City Civil Court, Hyderabad as illegal and arbitrary.

(2.) In his affidavit, the petitioner has averred that he is the owner of property bearing Municipal No. 10/3/299/4, Humayun Nagar, Hyderabad, that when some of his relatives sought to grab the said property, he filed OS No. 139/2010 in the Court of X Junior Civil Judge, City Civil Court, Hyderabad wherein an order of injunction has been granted in I.A. No. 13/2010. The petitioner alleged that to overreach the said order of injunction, his adversaries approached respondent No. 1 who in turn summoned the petitioner to police station and gave him an ultimatum that if the petitioner does not allow his relatives to occupy the property, a criminal case will be foisted against him. The petitioner further submitted that against the said unlawful conduct of respondent No. 1, he has approached respondent No. 2 and that the same has not yielded any result. The petitioner has therefore filed the present writ petition.

(3.) Counter-affidavit has been filed by the Inspector of Police, Humayun Nagar, wherein it is inter alia stated one Samsuddin S/o. Nizamuddin filed a complaint against Chandra Bobby Abeze, General Power of Attorney of the petitioner, to the effect that the said person tried to dispossess the complainant from the above mentioned house and that on the basis of the said complaint, Crime No. 24/10 under Ss. 448, 352, 341 and 506 read with Sec. 34 IPC was registered on 23/1/2010 against the G.P.A. of the petitioner and some others. It is further stated that investigation into the said crime is pending and the allegation of interference in civil disputes is stoutly denied.