IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 11422 of 2000 Between: 1 T. Muralikrishna S/o T.L. Swamy R/o Kamareddy, Nizamabad District. 2 T. Srinivas S/o T.L. Swamy R/o Sarangapur Nizamabad District. ..... PETITIONERS AND 1 Transmission Corporation of A.P. Ltd., rep. by its Superintending Engineer, Nizamabad. 2 The Divisional Engineer, Transmission Corporation of A.P. Ltd. Sub- Station Compound, Vinayakanagar, Nizamabad, Nizamabad 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 to issue a Writ or Order or Direction, especially one in the nature of Writ of Mandamus :- i) declaring the action of the Respondents in illegally occupying 4 Acres of Land in Survey No. 389 situated at Bhimgal Shivar of Bhimgal Mandal Headquarters, Nizamabad District, as illegal and arbitrary; ii) consequently, direct the Respondents to pay compensation as per the Market Value or in the alternative, initiate steps as contempleted under the Provisions of Land Acquisition Act for payment of appropriate compensation; iii) pass any such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case and in the interested of justice. Counsel for the Petitioner:MR.K.VASUDEVA REDDY Counsel for the Respondent No.: MR.V.AJAY KUMAR (SC FOR AP TRANSCO) The Court made the following : ORDER: This writ petition has been filed by the petitioners seeking to declare the action of the respondents in illegally occupying Ac.4-00 of land in S.No.389 situated at Bhimgal Shivar of Bhimgal Mandal Headquarters, Nizamabad District as illegal and arbitrary and consequently to direct the respondents to pay compensation as per the market value. The petitioners are claiming that they are the owners of the property, which they got from their ancestors. The respondents are not contended that the father of the petitioners gifted the property through a registered gift deed through the respondent corporation, which the petitioners are disputing, therefore, there is a disputed question of law to be adjudicated in a Civil Court. This is not the forum to decide the title of the property in the absence of sufficient evidence, therefore, the writ petition itself is not maintainable. Accordingly, the writ petition is dismissed. No costs. However, the petitioners are at liberty to work out their rights in a Civil Court according to law. __________________ DR. G. YETHIRAJULU, J Date:25-02-2008 YCR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintending Engineer, Transmission Corporation of A.P. Ltd., Nizamabad. 2 The Divisional Engineer, Transmission Corporation of A.P. Ltd. Sub-Station Compound, Vinayakanagar, Nizamabad, Nizamabad District. 3 2CCs to V. Ajay Kumar, Standing Counsel for A.P. TRANSCO, High Court Buildings, Hyderabad (OUT) 4 2CD copies Form-NIC-OGS/WP{ND}