Prathap Choudhary, v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.31113 OF 2011 DATED 05TH OCTOBER, 2015 Between:

Prathap Choudhary .. Petitioner and The Commissioner of Police, Cyberabad, Hyderabad, and others. .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.31113 OF 2011

O R D E R

This writ petition was filed assailing the action of the Inspector of Police, Medipally Police Station, Ranga Reddy District, who was impleaded eo nomine as the fourth respondent, in aiding respondents 5 to 7 in taking possession of the petitioner's property.

The Assistant Commissioner of Police, Malkajgiri Division, Cyberabad Commissionerate, filed a counter-affidavit denying the allegations leveled by the petitioner against the fourth respondent. He stated that there was a civil dispute between the petitioner and respondents 5 to 7 and that the police authorities were not concerned with the same. He admitted that upon a complaint made by P.Mallesh, the fourth respondent had summoned both parties to the police station but ultimately advised them to settle their dispute before the competent civil Court. He further stated that the contents of the petition filed by P.Mallesh and the averments of the petitioner in the present writ petition in respect of the issue were totally different and on the other hand, the injunction granted by the learned II

Additional Chief Judge, Ranga Reddy District, in I.A.No.1045 of 2011 in O.S.No.464 of 2011 was only valid till 22.09.2011.

No reply affidavit was filed by the petitioner rebutting the averments made in the above counter-affidavit.

In the light of the aforestated facts, this Court finds no reason to interfere in the matter as the petitioner has not substantiated on the strength of any material evidence that the fourth respondent played any role in the matter and abused his official position.

The writ petition is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. ______________________ SANJAY KUMAR, J 05TH OCTOBER, 2015 PGS