IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE G.V.SEETHAPATHY WRIT APPEAL No.1448 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/06/2008 in WP NO : 21663 OF 1998 on the file of the High Court.) Between: Mohd. Mustaffudin Khan S/o. Late Mohd. Ghouseuddin Khan 2. Aziz Khan R/o. 8-2-326/1, Banjara Hills, Hyderabad. ..... APPELLANT AND 1 Y. Ganna Reddy S/o. Late Malla Reddy R/o. H.No.1-7-1045, Zamisthanpur, Musheerabad, Hyderabad. 2 E. Narasimha Reddy S/o. Late Bala Krishna Reddy R/o. H.No.1-7-1044, Zamisthanpur, Musheerabad, Hyderabad. 3 E. Ram Reddy S/o. Late Bala Krishna Reddy R/o. H.No.1-7-1047, Zamisthanpur, Musheerabad, Hyderabad. 4 Y. Pratap Reddy S/o. Ganne Reddy R/o. H.No.1-7-1039, Musheerabad, Hyderabad. 5 Y. Malla Reddy S/o. Ganne Reddy R/o. H.No.1-7-1039, Zamisthanpur, Musheerabad, Hyderabad. 6 Santhamma Who already brought on record as L.R.'s of the deceased Petitioner No.1 7 Y. Hanumantha Reddy Who already brought on record as L.R.'s of the deceased Petitioner No.1 8 Y. Neelakanta Reddy Who already brought on record as L.R.'s of the deceased Petitioner No.1 9 The District Collector Hyderabad Dist. 10 The Revenue Divisional Officer Hyderabad Division 11 The Mandal Revenue Officer Musheerabad Mandal, Hyderabad Dist. .....RESPONDENTS Counsel for the Appellant:MR.V.ESWARAIAH CHOWDARY Counsel for the Respondent No.: MR.V.RAVI KIRAN RAO The Court made the following: Form-NIC-OGS/WA {KBJ} THE HON'BLE MR JUSTICE V.ESWARAIAH & THE HON'BLE MR JUSTICE G.V.SEETHAPATHY WRIT APPEAL No.1448 of 2008 JUDGMENT: (per Hon’ble Sri Justice V.Eswaraiah) The application ﬁled by the appellant herein in WPMP.No.5937 of 2008 in W.P.21663 of 1998 seeking for his impleadment as respondent No.4 in the writ petition ﬁled by the respondents 1 to 8 herein against the oﬃcial respondents 9 to 11 herein was dismissed by order dated 17.06.2008. Aggrieved by the same, this writ appeal has been filed. The respondents 1 to 8 herein ﬁled the writ petition questioning the common notices dated 27.07.1998 issued by the 11th respondent herein under Sec.7 of A.P.Land Encroachment Act. The case of the writ petitioners is that they are in possession and enjoyment of the property in question since 50 years and they have acquired title by adverse possession, and after 50 years of their possession and enjoyment, the proceedings have been initiated under A.P.Land Encroachment Act. But, it is the case of the Government that the land in question belongs to the Government and the writ petitioners are only encroachers. We are of the opinion that the scope of the writ petition is only as to whether issuance of notice under Sec.7 of Land Encroachment Act is illegal or not. The petitioner herein is claiming independent right and title. If that be so, that issue cannot at all be decided in the pending writ petition. The respondents/writ petitioners cannot get any relief in the writ petition. Therefore, we are of the opinion that the learned single Judge has rightly dismissed the application of the petitioner herein, keeping it open to work out his appropriate remedies, establishing his right and title over the property in question. The Writ Appeal is, therefore, dismissed. Consequently, the WAMP.2817/2008 is also dismissed. ____________________ V.ESWARAIAH,J ________________________ G.V.SEETHAPATHY,J Dated: 05.11.2008 Dsr ........REGISTRAR To 1 The District Collector Hyderabad Dist. 2 The Revenue Divisional Officer Hyderabad Division 3 The Mandal Revenue Officer Musheerabad Mandal, Hyderabad Dist. 4. 2 CD copies