IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 23676 of 2002 Between: Alwal Roopam S/o Nagaiah R/o 6-113, Old Malkajigiri, Ranga Reddy District. ..... PETITIONER AND 1 Malkaigiri Muncipality Rep. by its Commissioner, Ranga Reddy District. 2 The Water Works Department. Rep. by Commissioner, Ranga Reddy District. 3 The Sub-Registrar Sub-Registrar Office, Near Anutex, Malkajgiri, Ranga Reddy District. 4 The A.P.Transco, Rep. by its Asst.Engineer, Gautamnagar, Malkajigiri, Ranga Reddy District. 5 A.Mohan Rao S/o Late Narayana R/o H.No.6-114, Old Malkajigiri, R.R.District. .....RESPONDENTS 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 issue Writ of Mandamus or other appropriate order or direction in the nature of writ declaring the actions of the Respondents 1 to 4 for not taking action against the Respondent No. 5 and demolish/cancel the structures and permissions as per the law for constructing in S.No.891/1, 891/2, 892/1, 892/3, to an extent of Ac.8.36 guntas situated at Malkajigiri, Ranga Reddy District further direct the Respondents 1 to 4 for taking action against Respondent 5 the illegal constructions, registrations and water, electricity, connections in S.No.891/1, 891/2, 892/1, and 892/3, to an extent of Ac.8.36 guntas situated at Malkajigiri, Ranga Reddy District, in the interest of justice. Counsel for the Petitioner: MS.P.A.KAMALESWARI Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER : In this Writ Petition the petitioner seeks directions by way of Mandamus to declare the inaction of the respondents 1 to 4 in taking action against the fifth respondent for illegal constructions made by him in Sy.Nos.891/1, 891/2, 892/1, 892/2 and 892/3 admeasuring Acs.8.36 guntas situated at Malkajgiri, Ranga Reddy District, as illegal and arbitrary and further direct the respondents 1 to 4 to take action against the illegal constructions, registration, water and electricity connections in the above survey numbers. The petitioner claims right and title over the property in the land bearing Sy.Nos.891/1, 891/2, 892/1, 892/2 and 892/3 admeasuring Acs.8.36 guntas, claiming protected tenancy rights under the provisions of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950. Precisely, it is the case of the petitioner that though such dispute with regard to his claim is pending consideration in various Tribunals, the fifth respondent has made constructions in the land in question and the fourth respondent has extended the electricity connection, second respondent has extended the water tap connection and the third respondent is undertaking registration to such structures. If the petitioner has any claim on account of tenancy, it is open for him to seek the relief before the competent Tribunal or Court, but on the ground that there is dispute with regard to title between the fifth respondent and him, by making omnibus allegations, he cannot seek directions by way of Mandamus. Except stating that constructions are made illegally and respondents 2 and 4 are providing water and electricity connections, no particulars are mentioned with regard to constructions and the facilities extended by the respondents 2, 3 and 4. In that view of the matter, I do not find any merit in this Writ Petition for grant of relief as prayed for by exercising the power under Article 226 of the Constitution of India. If the petitioner claims any right by virtue of tenancy rights, as a legal heir of protected tenant, it is open for him to seek the relief as per the provisions of the Act referred above, but on the said ground, he cannot seek directions as sought for in the Writ Petition. The Writ Petition is accordingly dismissed. No order as to costs. _____________________ R.SUBHASH REDDY, J. 16th July, 2009. skmr