THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.23022 of 2011 Dated 16th August, 2011 Between: Raj Gopal Joshi …Petitioner And The Collector, Hyderabad District at Nampally, Hyderabad and others …Respondents Counsel for the petitioner: Sri Suresh Shiva Sagar Counsel for respondent No.1 & 6: AGP for Revenue Counsel for respondent No.2 to 5: Sri R.Radha Krishna Reddy The Court made the following: ORDER: This writ petition is filed for a mandamus to set aside letter No.C3/4363/2010, dated 14.05.2010, of respondent No.1 and proceedings in File No.HS/H3/C7/CZ/GHMC, dated 02.08.2011, issued in favour of respondent Nos.8 and 9. I have heard Sri Suresh Siva Sagar, learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue representing respondent Nos.1 and 6, and Sri R.Radha Krishna Reddy, learned Standing Counsel for GHMC representing respondent Nos.2 to 5. The petitioner claims to be the owner of land in Survey Nos.182/1 and 182/2 of Moghal ka nala, Gudimalkapur Village, Asifnagar Mandal, Hyderabad. He has narrated the history of the title in support of his claim that he has become the owner of the said property. By proceedings, dated 26.06.2010, respondent No.2 issued certain directions for taking over an extent of Acs.1.07 guntas at Ganesh Ghat adjacent to Moosi River for protection and development purpose. A perusal of the said proceedings would show that respondent No.1 has handed over the said land to the GHMC with demarcation of boundaries. It was directed in the said proceedings that after completion of establishment of infrastructure, like construction of compound wall, shed, water facility etc., respondent No.8 shall be permitted to cremate the unclaimed bodies in the land in question. Thereafter, respondent No.7 has issued proceedings, dated 02.08.2011, addressed to respondent No.9, wherein he has requested to take delivery of 70 dead bodies from the Osmania General Hospital Mortuary for cremation in the land in question. The petitioner questioned these proceedings on the plea that in the guise of taking over the extent of Acs.1.07 guntas of land, the respondents are trying to occupy the land belonging to the petitioner in Survey Nos.182/1 and 182/2. In my opinion, if any of the respondents try to encroach upon the petitioner’s land, the appropriate remedy for him is to approach the competent civil Court and seek an appropriate order to restrain such persons from encroaching upon his land. While exercising jurisdiction under Article 226 of the Constitution of India, it is not possible for this Court to decide whether the land, which was purportedly handed over by respondent No.1 to the Corporation under proceedings, dated 26.06.2010, belongs to the petitioner or not. In this view of the matter, while holding that the petitioner availed a wrong remedy, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy in the light of the observations made hereinabove. As a sequel to dismissal of the writ petition, W.P.M.P.No.28168 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 16th August, 2011 VGB