HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21314 of 2008 Date : 24.08.2011 Between : T. Nagamallaiah. …..Petitioner And Vice-Chairman, HUDA, Secunderabad & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21314 of 2008 ORDER : Petitioner claims title and ownership with regard to the land covered by Sy.No.166, admeasuring Ac.14.36 gts., situated at Maqtha Bandlaguda of Rajendranagar Municipality of Ranga Reddy District. On the ground that respondents 2 and 3 are taking steps for construction of house under Rajiv Swagruha Scheme and alleging that such constructions are illegal, he filed this writ petition. In the counter filed by the respondents, it is stated that the land in question is Government land and the State is the absolute owner and possessor of the said land and it was allotted to various Governmental authorities and Corporations. Even the learned counsel for petitioner fairly admits that a suit claiming title to the property is pending consideration in the Civil Court against the 2nd respondent. When the allegations of the petitioner are examined with reference to the averments made in the counter affidavit, it is clear that except a serious factual dispute with regard to title and possession over the land in question, no other question arises for adjudication in this writ petition filed under Article 226 of Constitution of India. As it is the case of the petitioner that he has already filed a suit and such suit is pending consideration, if the petitioner claims title to the property, he can as well seek appropriate directions by way of filing interlocutory application in the pending suit, but when the suit filed by the petitioner is pending consideration and the respondents are disputing the possession and ownership of the petitioner, the relief sought for in this writ petition cannot be granted by this Court. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No costs. ______________________ R. SUBHASH REDDY, J 24th August 2011 ajr