IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14366 of 2002 Between: S. Venkaiah S/o. Late Anthaiah R/o. PAJUR, Thipprty Mandal, Nalgonda District. ..... PETITIONER AND 1 Nalgonda Municipality, Nalgonda Rep. by its Commissioner. 2 The District Collector, Nalgonda. Nalgonda District. 3 Md. Nazeeruddin, S/o. Khaja Khan. R/o. H.No.8-1-379, RTC Colony, Nalgonda Town & District. (R3 is impleaded as per C.O. Dt. 13.10.2004 in WPMP.No. 18382 of 2003. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ order direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in trying to demolish the Mulgi bearing No. 3-2/87 of Nehru Gunj of Nalgonda belonging to the petitioner is contrary to law arbitrary, illegal capricious and violative of fundamental rights guaranteed to the petitioner under Art. 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the Mulgi of the petitioner.. Counsel for the Petitioner: MR.SAI GANGADHAR CHAMARTY Counsel for the Respondent No.1: MR.E.SAMBASIVA PRATAP Counsel for the Respondent No.3: MR.RAYEECE M.A.KHADIR The Court made the following : O R D E R : This writ petition has been filed by S.Venkaiah with a prayer to issue an appropriate writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the respondents in trying to demolish the Mulgi bearing No.3-2/87 of Nehru Gunj, Nalgonda owned by him is contrary to law, arbitrary and illegal. 2. The petitioner claims that he and his brother late Ramaiah jointly purchased the mulgi bearing No.3-2/87, Nehru Road, Nalgonda, under a registered sale deed dated 06.09.1969. In the year 1997, the property fell to his share in partition with his brother and since then he has been in possession and enjoyment of the same. He let out the premises to one Ramesh, who is running general stores in the name and style of M/s.Ramesh General Stores. It is the grievance of the petitioner that the 1st respondent is trying to demolish the premises without following the due process of law. 3. Rule Nisi came to be issued on 06.08.2002. 4. 3rd respondent Md.Nazeermuddin filed WPMP No.18382 of 2004 seeking his impleadment as party respondent in the writ petition and the said WPMP came to be allowed on 13.10.2004. 5. Learned counsel appearing for the 3rd respondent submits that the petitioner filed O.S.No.303 of 2002 on the file of the Junior Civil Judge, Nalgonda seeking the self same relief and therefore, invoking the extra- ordinary jurisdiction of this Court under Article 226 of the Constitution of India is impermissible. 6. A copy of the plaint in O.S.No.303 of 2002 on the file of the Junior Civil Judge, Nalgonda, has been placed on record. As could be seen from the plaint copy, the petitioner figured as one of the plaintiffs in the suit. The relief sought for in the suit against the Commissioner, Nalgonda Municipality, and one Surampally Veerababu is perpetual injunction restraining them from interfering with the possession of the plaintiffs and their repairing work over the suit schedule house. The relief sought for in the suit is similar to that of in the writ petition. In that view of the matter, invoking extra-ordinary jurisdiction of this court by the petitioner, in the given facts and circumstances of the case, is misconceived. 7. Accordingly, the writ petition is dismissed. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:26th June, 2009. cs ..... ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2. 2CD copies Form-NIC-OGS/WP{VSMI}