IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL NO : 1516 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 22/07/2008 in WP NO : 18916 OF 2007 on the file of the High Court.) Between: 1 Gundareddy Venkateswara Reddy S/o.Gunkareddy Pedda nagireddy r/o.H.No.2-329(2), Bilal nagaram, village Ongole, Prakasam District 2 Sk.Arifa S/o.Sk.Kareemullah r/o.H.No.2-329(1) Bilal nagaram, village Ongole, Prakasam District ..... APPELLANTS AND 1 The District Collector, Prakasam District, at Ongole 2 The Revenue Divisional officer, Prakasam District, at Ongole 3 The Tahsildar, Ongole Mandal, Prakasam District 4 Ongole Municipality, rep.by its Commissioner, Ongole Prakasam District, 5 Shaik Yofa S/.o.Moulali r/o.Karuna colony, Kapera Bazar, D.O.No.1-371 Ongole, Prakasam District .....RESPONDENTS Counsel for the Appellant:SMT.KAVITHA GOTTIPATI Counsel for the Respondent Nos.1 to 3.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA AND THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT APPEAL No.1516 of 2008 ORAL JUDGMENT: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard both sides. 2. This Writ Appeal is directed against the order, dated 22.07.2008, passed by a learned single Judge of this Court, dismissing the Writ Petition No.18916 of 2007. 3. Appellants are the writ petitioners and respondents are the respondents in the said writ petition. 4. For the sake of convenience, in this judgment, the parties will be referred to as arrayed in the said writ petition. 5. In the counter-affidavit filed by respondents 1 to 3, before the learned single Judge, it was averred that initially, the land in Sy.No.116/IAIA to an extent of Ac.0.03 and Ac.0.02½ cents was given to one Smt Chakiri Venkata Rathnamma, Daughter-in-law of Sri Prakasam Panthulu-the first Chief Minister of Andhra Pradesh and as such, the writ petitioners are not entitled for house sites and that, since the documents produced by the writ petitioners are forged, the respondents filed a complaint before the Police concerned and the investigation is in progress. 6. It further appears, a suit was filed by the writ petitioners against a private party and the same was dismissed on 14.11.2007. 7. In view of the above averments made in the counter- affidavit, the learned single Judge dismissed the said writ petition. 8. In the background of the said case, we are of the considered view that if really, the averments made in the counter-affidavit are true, the writ petitioners does not deserve any relief from this Court. But, the question to be gone into and decided is whether these averments made in the counter- affidavit are true and what is the effect of it. Till a conclusion is arrived at in this regard, the writ petitioners cannot be ousted from contesting the matter in a Court of law. 9. However, as the above questions are pure questions of fact, this Court cannot decide the same exercising the jurisdiction under Article 226 of the Constitution of India and the only remedy available to the writ petitioners is, perhaps, by way of filing a suit in a competent civil Court. 10. In the meanwhile, if the respondents want to interfere with the possession and enjoyment of the property in question by the writ petitioners, in any manner, the same should be done strictly in accordance with law. 11. Notwithstanding the impugned order passed by the learned single Judge, the writ appeal is disposed of, subject to the above observations and directions. However, there shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA ________________________ JUSTICE G.CHANDRAIAH 18th December 2008 DR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Prakasam District, at Ongole 2 The Revenue Divisional officer, Prakasam District, at Ongole 3 The Tahsildar, Ongole Mandal, Prakasam District 4 2 CCS to Government Pleader for Revenue, High Court Buildings, Hyderabad. (OUT) 5 2CD copies