IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17729 of 2008 Between: Vemula Krishna Chaitanya S/o.Late Dr.Chakrapani R/o.Addepalli Nagar Rajahmundry Town, East Godavari District ..... PETITIONER AND 1 The All India Council For Technical Education, Indira Gandhi Sports Complex,I.P.Estate, New Delhi-110002, rep.by its Chairman 2 The Chairman, Southern Regional Committee, All India council for Technical Education, Ann University, Chennai-600025 3 Jawaharlal Nehru Technological University, Kukatpally Hyderabad, rep.by its Registrar 4 Ramireddy Subbaramireddy Engineering College Kandanuthala village,Allimadugu Gram Panchayat Bogolu Mandal, Nellore District, rep.by its Correspondent .....RESPONDENT(S) 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 an appropriate writ order or direction more particularly one in the nature of writ of mandmaus declaring the action of the official respondents in allotting the students to the 4th respondent college without reference to suit is OS.No.21 of 2008 pending on the file of the Senior Civil Judge, Kavali and further action of the 4th respondent in commencing classes where a suit is pending in respect of the land in SY.Nos.786, 787 and 789/1 of a total extent of Ac.8.20 cents situated at Kadanutha village, Bogolu Mandal, Nellore District as illegal, arbitrary, and against the principles of natural justice and pass Counsel for the Petitioner:MR.P.NARASIMHULU Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 17729 OF 2008 ORDER: 1. This writ petition has been filed by Vemula Krishna Chaitanya with a prayer to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 3 in allotting the students to the 4th respondent college without reference to suit in O.S.No.21 of 2008 pending on the file of the Senior Civil Judge, Kavali as illegal and arbitrary. 2. Petitioner claims that his father owned extent of Ac. 1-60 cents in Survey Nos. 786, Ac. 5-29 cents in S.No. 787 and Ac. 0-50 cents in Sy.No. 789/1 situated at Kadanutha village, Bogolu Mandal, Nellore District. His father was a retired Government doctor. His sister-R. Ramathoti Lakshmi secured certain documents in respect of the lands referred above from his father, when his father was not in sound state of mind. Thereafter, his sister Ramathoti Lakshmi sold the lands to 4th respondent and executed registered sale deed dated 12-11-2007. 4th Respondent came into possession of the lands and started constructions of a building for establishment of an Engineering college. The petitioner came to know of the sale of the lands in favour of the 4th respondent and issued notice dated 4-2-2008 informing that he is the owner of the lands. Thereupon the 4th respondent filed O.S.No.21 of 2008 on the file of the Senior Civil Judge, Kavali and moved I.A.No. 82 of 2008 seeking temporary injunction. Hence, this writ petition by the petitioner for the relief stated supra. 3. Heard learned counsel appearing for the petitioner and perused the material placed on record. 4. Learned counsel appearing for the petitioner submits that the petitioner is the owner of the lands wherein the 4th respondent is proceeding with the construction of a building for establishment of an Engineering college and as there is a dispute with regard to the lands, the official respondents ought not have allotted the students to the 4th respondent college. 5. The writ affidavit averments clearly disclose that Ramathoti Lakshmi got the suit property under registered document executed by her father. Thereafter, she sold the property to the 4th respondent and the 4th respondent is constructing a building for housing an engineering college. It is also revealed from the writ affidavit averments that the 4th respondent filed suit O.S.No. 21 of 2008 against the petitioner. The petitioner has to work out his remedies in Civil Court to establish his right over the lands in dispute. 6. In the given facts and circumstances, the writ petition filed by the petitioner is wholly misconceived and accordingly, the writ petition is dismissed at the admission stage. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 14th August, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 17729 OF 2008 14th August, 2008.