IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3102 of 2008 Between: Smt.Thummeti Chandrakala W/o.T.Narsing Rao, R/o.H.No.1-5-825/1,Bhavani Nagar Old Alwal,Sec-Bad ..... PETITIONER AND 1 The Dist Collector R.R Dist 2 The M.R.O Malkajgiri(M) R.R Dist ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus to declare the action of the 2nd respondent in demolishing the petitioner's house bearing Municipal No.1-5-825/1,Bhavani Naagar Old Alwal, Malkagiri(M) R.R Dist is illegal arbitrary and violative of the principles of natural justice and also against Article 21 of the Constitution of India and consequently direct the 2nd respondent not to take my action against the petitioner's house bearing Municipal No.1-5-825/1 Bhavaninagar, old Alwal Malkajgiri(M) R.R Dist. Counsel for the Petitioner:MR.V.SANKARA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed to declare the action of the 2nd respondent in demolishing the petitioner’s house bearing municipal No.1-5-825/1, Bhavani Nagar, Old Alwal, Malkajgiri Mandal, Ranga Reddy District as arbitrary, illegal and violative of the principles of natural justice and consequently to direct the 2nd respondent not to take any action against her house. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the writ petition is taken up for hearing at the admission stage itself. It is the case of the petitioner that her husband purchased land in Sy.No.1 admeasuring 309 square yards situated at old Alwal for a total consideration of Rs.95,000/- and he gifted her the land by way of a registered gift deed on 28.9.2007 after constructing two rooms along with a toilet and bathroom. It is also stated that she is paying the property tax and her name is being shown in the pahani for the year 2003-04. On 5.2.2008 the Mandal Revenue Officer, Malkajgiri without giving any notice demolished one room and when she showed them the documents, they left the place. On instructions, the learned Government Pleader submits that in the guise of making construction in Sy.No.1, the petitioner tried to encroach into the land in Sy.No.2 which is a government land. In the circumstances, it is appropriate that the petitioner shall establish her title to the property and agitate the matter before a competent civil court. This Court under Article 226 of the Constitution of India cannot go into such title disputes. Accordingly, the writ petition is dismissed granting liberty to the petitioner to approach the appropriate Court. N.V.RAMANA,J Dt.24.6.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Dist Collector R.R Dist 2 The M.R.O Malkajgiri(M) R.R Dist 3 2CCs to Govt.Pleader for Revenue, High Court of A.P. Hyd. 4 2CD copies