IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13131 of 2004 Between: 1 Arundhathi Nagar Family Planning Beneficiaries & Weaker Sections Welfare Association (Regd.No.731/61) Jawanar Nagar, Shamirpet (M), R.R.Dist.rep., by its working President M.laxminarayana, s/o Mallesham, H.No.24-42/1/2, Arundhathi Nagar, Jawahar Nagar, Shamirpet, R.R.District. 2 Smt.N.Kala, w/o Anji Reddy, r/o Arundhathi Nagar, Jawahar Nagar, Shamirpet Mandal, R.R.District. 3 Smt.S.Manemma, w/o Bashi Reddy, r/o Arundhathi Nagar, Jawahar Nagar, Shamirpet Mandal, R.R.District. 4 Smt.M.Sashi Rekha, w/o M.Laxminarayana, r/o Arundhathi Nagar, Jawahar Nagar, Shamirpet Mandal, R.R.District. 5 Smt.K.Maha Laxmi, w/o K.U.Ramana, r/o Arundhathi Nagar, Jawahar Nagar, Shamirpet Mandal, R.R.District. 6 Smt.B.Mallamma, w/o Mallesh, r/o Arundhathi Nagar, Jawahar Nagar, Shamirpet Mandal, R.R.District. 7 Smt.B.Laxmi, w/o Krishna, r/o Arundhathi Nagar, Jawahar Nagar, Shamirpet Mandal, R.R.District. 8 Smt.Ritha Devi, w/o Babul Sha, r/o Arundhathi Nagar, Jawahar Nagar, Shamirpet Mandal, R.R.District. 9 Smt.N.Jayasree, w/o Laxma Reddy, r/o Arundhathi Nagar, Jawahar Nagar, Shamirpet Mandal, R.R.District. 10 Smt.D.Jyothi, w/o D.Sekhar r/o Arundhathi Nagar, Jawahar Nagar, Shamirpet Mandal, R.R.District. 11 Smt.P.Latha, w/o P.Shyam, r/o Arundhathi Nagar, Jawahar Nagar, Shamirpet Mandal, R.R.District. ..... PETITIONER(S) AND 1 The District Collector, Raga Reddy District, Lakdikapool, Hyderabad. 2 The Deputy Inspector General, Central Reserve Police Force, Group Centre, R.R.District, Mallellaguda, Shamirpet, R.R.District. .....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 to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents No.2 in, encoraching the land belongs to the Writ Petitioners in Survey Nos.761 to 770, 971, 972, 974, 706, 758, 973, 975 to 977 at Arundhathi Nagar/Mallellaguda, Jawaharnagar Gram Panchayat, Shamirpet Mandal, R.R.District as illegal and against the law, and the principles of natural justice Counsel for the Petitioner:MR.S.LAKSHMINARAYANA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 13131 of 2004 04-02-2009 Oral Order: The writ petition is misconceived. The petitioners seek the following relief: “…declaring the action of the respondent No.2 in encroaching the land belongs to the writ petitioners in survey Nos. 761 to 770, 971, 972, 974, 706, 758, 973, 975 to 977 at Arundhathi Nagar/Mallellaguda, Jawaharnagar Gram Panchayat, Shamirpet Mandal, Ranga Reddy District, as illegal and against the law and the principles of natural justice and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” In the entirety of the affidavit filed in support of the writ petition, the petitioners do not assert on which date the 2nd respondent had attempted to encroach the lands of the petitioners in the aforesaid survey numbers. The petitioners assert that the other petitioners, who are members of the 1st petitioner--Association are in occupation of lands in an extent of Ac.64-00 in the aforesaid survey numbers and have also constructed houses. It is also asserted that the Mandal Revenue Officer, Shamirpet had recommended for issue of patta certificates to them. The petitioners ambiguously assert that they are encroachers of the property and have been so for a long time. If the petitioners seek to resist any illegal interference by the respondents of their right, title or possession to the property in question, they have an alternative and efficacious remedy by way of seeking injunctive relief before the civil Court of competent jurisdiction. A vague and preemptive writ petition such as the one presently filed is not the appropriate remedy. On the aforesaid analysis, the writ petition is dismissed with liberty to the petitioners to pursue an appropriate alternative remedy as and when so advised. No costs. ____________________ GODA RAGHURAM, J Dated: 04-02-2009 Pvks