THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.1469 OF 1995 ORAL ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondent in not passing an Award in respect of the land bearing Sy.No36(old), corresponding to new Survey No.207, 208 & 209 of Makai Darwaza Gooconda, Hyderabad, admeasuring 24 acres 12 gts. as arbitrary and illegal. The petitioner claims that possession of the said land was taken from his father by the respondents under a letter dated 12.5.1950. The petitioner’s father made a Claim Petition before the 3rd respondent in 1350 Fasli itself, however, the respondents did not consider the same and no compensation has been paid so far. Since the petitioner’s father expired, the petitioner made an application on 7.3.1962, pursuant to which he was directed to file certified copies of certain documents. Though the petitioner complied with the same, no further steps were taken by the respondents. Hence, this writ petition. In the counter affidavit filed on behalf of the 4th respondent, the petitioner’s claim that his father was the owner and pattedar of the land in question has been specifically denied. It is stated that as per the records of the Defence Estate Officer, Cantonment, the land admeasuring Ac.484.02 gts at Ibrahimbagh was transferred by the State Government to the Government of India, Ministry of Defence, vide proceedings dated 19.3.1958. The entire land was taken over by the 4th respondent as Ex-State Forces Property and the same has been treated as the property of the Government of India with effect from 1.4.1950 and since then, Ministry of Defence continued in possession and enjoyment of the said land without any interference and raised various structures. The custody of the said land is also reflected in MLR maintained under the Statutory Rules. The claim said to have been made by the petitioner’s father and thereafter by the petitioner seeking compensation has also been specifically denied and it is contended that the petitioner is not entitled for any compensation, since the land in question belongs to Defence Ministry. The specific version of the respondents in the counter affidavit that the petitioner has no right or title in the land in question remained unrebutted. The petitioner has neither filed any affidavit in reply nor produced any other material to substantiate his right or interest in the land in question much less that possession of the land was taken by the respondents in the year 1950. Apparently, the matter involves several disputed questions of fact which cannot be enquired into and decided by this Court in a writ proceeding. Hence, the writ of mandamus as prayed for cannot be granted. Accordingly, the writ petition is dismissed. However, this shall not preclude the petitioner to work out the appropriate common law remedy for redressal of his grievance, if so advised. No costs. _____________ (G. ROHINI, J.) 17th January, 2007. Kgr THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.1469 OF 1995 17th January, 2007. Between: Sri Qudrat Nawaz Khan and others. .. Petitioners. And The Special Deputy Collector, Land Acquisition (Defence), Chirag Ali Lane, Hyderabad and others. .. Respondents.