THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.21126 of 2005 Date: 17.03.2011 Between : Syed Shareef .… Petitioner and Assistant Town Planner, Municipal Corporation of Hyderabad, Circle IV, Khairatabad and others. …. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.21126 of 2005 ORDER : This writ petition has been filed to declare the action of respondent Nos.1 and 2 viz., the Assistant Town Planner, Circle IV, and the Commissioner, respectively, of Municipal Corporation of Hyderabad, in permitting respondent Nos.3 and 4 to construct a complex on the land situated in Sy.No.13/P, corresponding to T.S.No.3, Block No.N, Ward No.36 of Mallepally village, as arbitrary and illegal and consequently to set aside the permission granted in favour of respondent Nos.3 and 4 to make such construction. 2. The petitioner states that originally one Mohd. Abdul Waheed, s/o. Mohd. Abdul Samad, was the owner and possessor of land admeasuring Ac.0.14 gts. situated in the aforesaid survey number. Out of the said land, an extent of 1411 square yards was gifted to him by the said Mohd. Abdul Waheed. The grievance of the petitioner is that respondent Nos.3 and 4 have undertaken construction in the said land by encroaching upon the same and are trying to grab the said land as if the same is situated in Sy.No.12. He states that respondent Nos.3 and 4 have no manner of right or title over the said extent and that they are not entitled to make any construction. It is also alleged that respondent Nos.1 and 2 have granted permission for construction to respondent Nos.3 and 4 without enquiring into the title of respondent Nos.3 and 4 over the said land and, therefore, the permission, if any, granted is illegal and unsustainable. 3. Counter affidavits have been filed by the respondents. 4. In the counter affidavit filed by respondent Nos.3 and 4, it is stated that they are the absolute owners and possessor of the subject land by virtue of a registered agreement of sale-cum- General Power of Attorney bearing document No.3138/2003, dated 4.2.2003 executed by one Smt. K.Rajaratnamma. It is stated that their predecessor-in-title purchased the said land from one Sajida Khatoon under a registered document bearing No.303/67, dated 13.2.1967. Thus, they deny the claim set up by the petitioner and state that he has no claim or title over the subject land. 5. From the pleadings and the material placed before this Court, it could be seen that the petitioner has set up his right and title over the subject land under a gift deed said to have been executed by Mohd. Abdul Waheed, whereas respondent Nos.3 and 4 set up their right and title through a registered agreement of sale-cum-General Power of Attorney executed by Smt. K. Rajaratnamma. The pleadings also disclose that respondent No.4 instituted a suit O.S.No.2161 of 2005 on the file of the IX Junior Civil Judge, City Civil Court, Hyderabad, seeking perpetual injunction against M.A. Wajeed, Smt. Sarojini and Hakim Quadri to restrain them from interfering with the peaceful possession and enjoyment of the subject land in Sy.No.12. In the said suit, the petitioner filed I.A.No.996 of 2006 seeking his impleadment and the said application was dismissed by order dated 31.8.2006 holding that the petitioner did not file any document to show his interest over the petition schedule property. It was also observed that the property claimed by the petitioner falls in Sy.No.13/P, whereas the petition schedule property is situated in Sy.No.12. It appears that the said order has become final against the petitioner. 6. From the aforesaid facts, it is evident that there are conflicting claims in respect of the subject land. Whether the petitioner is the rightful owner and whether the subject land falls in Sy.No.13/P or Sy.No.12 are all the questions, which cannot be gone into by this Court in Writ proceedings. Therefore, no relief can be granted to the petitioner in this writ petition. 7. In the circumstances, the writ petition is dismissed. However, the petitioner is at liberty to seek any remedy as is available to him under law, if he is so advised. There shall be no order as to costs. ________________________ JUSTICE NOUSHAD ALI 17.03.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.21126 of 2005 17.03.2011 (Msr)