IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 11615 of 2009 Between: Shaik Zahoor Alam, S/o. Late Shaik Alam, R/o. H.No. 1-4-112, New Town, Mahaboobnagar District. ..... PETITIONER AND 1 The Sub-Registrar, Registration Office, Mahaboobnagar, Mahaboobnagar District. 2 The Commissioner, Town Municipality, Mahaboobnagar, Mahaboobnagar District. 3 The Town Planning Officer, Town Municipality, Mahaboobnagar, Mahaboobnagar District. 4 The Sub-Inspector of Police, Police II Town,Mahaboobnagar. 5 Shaik Mohiuddin, S/o. Late Shaik Alam, R/o. Post Box No. 7352, Jeddah, Kingdum of Soudi Arabia .....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 order or direction more particularly one in the nature of Writ of Mandamus direct the respondent No. 1 not to transfer the registered document No. 1420/1966 i.e. Municipal allotted H.Nos. 1-4-130/7/A and 1-4-130/7/B, situated at Opp : Government Hospital, Mahabubnagar, by way of sale, gift, Mortgage, GPA and lease etc., and further direct the respondent Nos. 2 and 3 not to mutate the said houses on 3rd parties or any relatives of respondent No. 5 and further not to issue any construction permission in respect of said houses and further direct the respondent No. 2 to receive property tax of H.Nos. 1-4- 130/7/A and 1-4-130/7/B, situated at Opp : Government Hospital, Mahabubnagar, on the name of the petitioner and pass Counsel for the Petitioner: MR M.D.AFZAL Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.11615 OF 2009 ORAL ORDER The writ petition is misconceived and presents an essentially civil dispute for resolution under a façade of a public law grievance. The petitioner states that Plot No.7 opposite the Government Hospital, Mahabubnagar was purchased by his father-Shaik Alam out of his father’s own funds but was registered in favour of his eldest brother- the 5th respondent, vide document No.1420/ 1966. However, the property was thereafter treated as a joint property of the brothers and the father. Construction permission for a building in the property and application for municipal tap have also been made in the joint names of the members of the family along with 5th respondent, the petitioner and others, is the contention in the writ petition. The 5th respondent is stated to be residing in Saudi Arabia since 1977. While so, the children of the 5th respondent are alleged to be contriving a General Power of Attorney from the 5th respondent with a view to alienate the property or create interests thereon in favour of third parties, on the basis of such GPA. It is also pleaded that the petitioner is paying municipal taxes. In the above circumstances the petitioner seeks a relief which is best extracted in the petitioner’s own language:- “direct the respondent No. 1 not to transfer the registered document No. 1420/1966 i.e. Municipal allotted H.Nos. 1-4-130/7/A and 1-4-130/7/B, situated at Opp : Government Hospital, Mahabubnagar, by way of sale, gift, Mortgage, GPA and lease etc., and further direct the respondent Nos. 2 and 3 not to mutate the said houses on 3rd parties or any relatives of respondent No. 5 and further not to issue any construction permission in respect of said houses and further direct the respondent No. 2 to receive property tax of H.Nos. 1-4-130/7/A and 1-4-130/7/B, situated at Opp : Government Hospital, Mahabubnagar, on the name of the petitioner and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case” The petitioner seeks a composite relief, each component of which is based on an intrinsically disputed raft of facts. He seeks a prescriptive title on the basis of his long possession corroborated by his payment of taxes. He seeks an inference that the property is joint property notwithstanding the sale deed in favour of his brother- the 5th respondent. He also seeks a declaration of title in himself and to the detriment of the other members of the joint family on account of his long possession. All these and other claims and reliefs are more addressed and sought in a properly instituted suit for declaration of title or any other appropriate relief before the civil court of competent jurisdiction and not in public law under Article 226 of the Constitution of India. A direction to the respondents 2 and 3 not to mutate the property in favour of the third parties or any relatives of the 5th respondent, which is one of the reliefs sought in this writ petition is also premature and speculative as no such order of mutation has been passed by the official respondents. Accordingly the writ petition is dismissed with liberty to the petitioner to pursue the appropriate remedies. No costs. _________________ GODA RAGHURAM,J 16th JUNE 2009 *TSNR