HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14023 of 2007 Date : 08.09.2010 Between : Smt. Kandula Vijaya Lakshmi & others. …..Petitioners And The Municipal Council, Mangalagiri, rep. by its Commissioner & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.14023 of 2007 ORDER : Petitioners claim that they are the owners and possessors of house site in D.No.227 of 5th Ward in Mangalagiri. It is their grievance that respondents are unauthorisedly trying to encroach upon their land by constructing a compound wall for the purpose of graveyard. In the counter affidavit filed by the Commissioner of Mangalagiri Municipality, it is the case of the respondents that the site bearing D.No.228 of Mangalagiri Mandal is earmarked for graveyard, in which, compound wall is constructed. Counter further states that the compound wall is constructed only in the site belonging to the Municipality, but not in the land belonging to the petitioners, as alleged by them. In view of the allegations made by the petitioners and also the stand taken by the respondents in the counter affidavit, it is a clear case of dispute with regard to the identity of property. In that view of the matter, it is not possible for this Court to resolve the same in this writ petition filed under Article 226 of the Constitution. For the aforesaid reasons, this writ petition is disposed of, keeping it open to the petitioners to pursue the remedies available under law. No order as to costs. ______________________ R. SUBHASH REDDY, J 8th September 2010 ajr