IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE Mr. JUSTICE R.SUBHASH REDDY WRIT PETITION No.17314 of 1992 Between: B. Krishna, S/o. late Sri B. Yadagiri R/o. Jawaharnagar, Chikkadpalli, Hyderabad. ... PETITIONER AND 1 Andhra Pradesh Housing Board, rep. by its Vice Chairman Gruhakalpa, Hyderabad. 2 Gulam Fazullulla Shareef, S/o. Gulam Dastagiri, R/o. 17-1-211/5/A, New Santosh Nagar Colony, Hyderabad. (R2 is impleaded is per Court Order dt 26.8.98 in WPMP No. 5892/98) ...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 a writ, order or direction, more particularly one in the nature of 'Writ of Mandamus' declaring that the action of the authorities in not de-marcating the 13 guntas of land left out from the acquisition in Survey No. 32 of Sultan Valva Village is arbitrary and illegal and forbearing the respondents from executing the sale deeds of the lands left out from the acquisition i.e, passage in between the well and the existing quarters until proper demarcation is made. Counsel for the petitioner: Mr. Muddu Vijay Counsel for respondent No.1: Mr. D. Ranganatha Kumar Counsel for respondent No.2: Mr. S. Tulasi Das The Court made the following Order: The petitioner seeks a Writ of Mandamus declaring the action of the respondent-authorities in not demarcating 13 guntas of land out of the land that was acquired in Sy.No.32 of Sultanvalva village as illegal and arbitrary. 2. In the affidavit filed in support of the writ petition, it is stated that the petitioner is the owner of the land admeasuring Ac.2.12 guntas in Sy.No.32 of Sultanvalva village and for the purpose of constructing various types of houses, the A.P. Housing Board had acquired the said land, leaving apart 13 guntas. It is stated that, thereafter, award was passed fixing compensation only to an extent of Ac.1.39 guntas and possession was taken as early as on 29-04-1974. This writ petition is filed in the year 1992 on the ground that respondents were taking steps for sale of 31.78 Sq. yards of land out of the area which was not taken possession and for which no compensation was paid and directions are sought to the respondents to fix the boundaries for the leftover portion of 13 guntas. 3. The Secretary of A.P. Housing Board has filed counter affidavit stating that Ac.2.12 guntas of land in Sy.No.32 of Sultanvalva village was proposed for acquisition for construction of various types of houses by the Housing Board but award was passed only for Ac.1.39 guntas of land leaving 13 guntas of land covered by well and passage. It is stated that after the land acquisition officer handed over possession of Ac.1.39 guntas of land on 29-09-1974 and after taking possession, the Housing Board developed the said land and constructed various types of houses, i.e. MIG, LIG-II and EWS and allotted them to the general public. It is stated the Housing Board is the owner and possessor of open space that is left over on the rear of LIG-II House Nos.379 to 384, 9, 10 and 17-1-376/110/A and the allottees of the said houses have applied for sale of open spaces situated on the rear of their houses, in terms of G.O.Ms.No.20 dated 11-06-1984. It is further stated that since the said extents are below 100 Sq. yards, the Housing Board decided to sell the same to the adjacent allottees as per the aforesaid G.O. While denying the allegation of the petitioner that they are interfering with the 13 guntas of land that is left over after acquisition, it is stated that the petitioner is in actual and physical possession of the said extent of land and the Housing Board has neither interfered with the possession of the petitioner nor sold the same. 4. It is to be noted that possession of the land in question was taken as early as on 27-04-1984 and the present writ petition is filed in the year 1992, nearly after 8 years, seeking demarcation. During the course of arguments, it is submitted by the learned counsel for the petitioner that as much as the respondents were taking steps to allot a portion of land out of the remaining 13 guntas to third parties, the petitioner has approached this court. But, from the counter affidavit filed by the A.P. Housing Board, it is evident that the land which was sought to be sold to third parties was out of the area of Ac.1.39 guntas which was already acquired. As much as the said allotment does not relate to the leftover land of 13 guntas, and as the respondents have categorically stated in the counter affidavit that the petitioner is in actual and physical possession of the said extent of land and the Housing Board has neither interfered with the possession of the petitioner nor sold the same, no direction as sought for can be issued. In any event, except factual disputes, no other ground arises for consideration in this writ petition filed under Article 226 of the Constitution of India. 5. The writ petition is accordingly dismissed, reserving liberty to the petitioner to avail any other remedy open to him under law if he is deprived of the possession of 13 guntas of land. No order as to costs. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{NR}