HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.24200 of 2007 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) The petitioners seek a writ of certiorari for quashing the order dated 20-8-2007 passed in I.A.No.553 of 2007 in L.G.C.No.48 of 2007 on the file of Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act. The details necessary for deciding the writ petition may be stated thus: The respondent herein filed an application seeking injunction restraining the writ petitioners and their heirs from making construction over the schedule property in Plot No.79 in Mansoorabad village, Saroornagar Mandal, Ranga Reddy district, in an extent of 375 square yards. The Special Court after perusing the material available on record granted injunction in respect of Plot No.79. The respondent herein claims that she is the owner of Plot No.79 and that she had purchased the same under registered sale deed dated 19-06-1992 from one M.Babu Rao, who in turn had purchased in the year 1977. The case of first petitioner, who is the husband of second petitioner, is that he is the absolute owner and possessor of Plot No.78 admeasuring 375 yards situated in Laxminagar Colony, Mansoorabad, Saroornagar Mandal, and the predecessor-in-title of the petitioner suffered the decree. We have heard learned counsel for petitioners and learned counsel for the respondent and with the consent of both counsel, the writ petition itself is taken up for hearing and the counsel agreed for early disposal of LGC. Learned counsel for petitioners contended that the petitioners obtained permission for construction of double-storeyed building and the construction is in progress and as such, the court below ought to not have granted injunction. Learned counsel for the respondent contended that the respondent filed LGC claiming that she is the owner of Plot No.79 and she had traced the title from 1975 onwards whereas the petitioners purchased Plot No.78. He further contended that the respondent is not concerned with Plot No.78 and that an application is filed for appointment of Commissioner to note down the physical features of Plot No.79, but the petitioners have not filed counter therein. Having heard either counsel and considering the rival claims of the parties, the dispute to be resolved is whether the property in question forms part of Plot No.78 or Plot No.79 in the said area. Admittedly, an application has been filed to appoint a Commissioner to note down physical features in respect of Plot No.79 and the same is pending and the petitioners herein have not filed counter therein. The writ petition involves disputed questions of fact which cannot be decided in exercise of jurisdiction under Article 226 of the Constitution of India and the questions of fact have to be decided on the basis of evidence to be adduced by the parties. In these circumstances, we are not inclined to express any opinion on the merits of the case. In the aforesaid circumstances and having regard to the consent of both counsel for early disposal of LGC, the writ petition is disposed of with direction to the Special Court to decide L.G.C.No.48 of 2007 on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. No order as to costs. ___________________________ GHULAM MOHAMMED, J. _____________________________ B.SESHASAYANA REDDY, J. 24-01-2008 bsc HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.24200 of 2007 24-01-2008 Between: Jella Nagarjuna and another … Petitioners AND Smt. S.Satyavathi …Respondent