THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.21519 OF 2011 ORDER: Questioning the action of the respondents in interfering with the petitioner’s property of 400 Square Yards, out of an extent of 2344 Square Yards, in Survey No.4/201 situated at Rangeli Khidiki inside Talab Mirjumala adjacent to Kothi Nawab Imdad Jung, Hyderabad, the present Writ Petition is filed. The petitioner claims that the entire land of 2344 Square Yards situated at Rangeli Khidiki was purchased by his late mother vide registered document No.932 of 1336 Fasli from Khaja Hussain; since the date of purchase, she was in possession of the schedule property; the schedule property was self-acquired by her; O.S.No.1420 of 1983 was filed before the II Additional Judge, City Civil Court, Hyderabad, by a legal heir for partition; a decree was passed in the year 1984; and since then all the legal heirs, including the petitioner, are in peaceful possession of the schedule property. The petitioner is aggrieved by the action of the officials, on the instructions of the second respondent, in entering the said land admeasuring 400 Square Yards in Survey No.4/201, and in taking measurement, without putting the petitioner on notice. Reliance is placed by the petitioner, on certain documents of the year 1953 said to have been issued by the then Municipal Board, in support of his contention that the property in question does not belong to the Municipality (presently the Municipal Corporation). In the counter affidavit filed on behalf of the second respondent, it is stated that Survey No.4/201 situated at Rangeli Khidiki is not found anywhere in the revenue records or in the TSLR; the property in question is identified as T.S.No.88/1 and 88/2, Block-M, Ward No.212 of Shaher-E-Hyderabad Village admeasuring 372 Square metres and 19 Square metres respectively, which is recorded as “Municipal” and vested with the Government; an extent of 216 Square metres was handed over to Rajiv Vidya Mission authorities leaving a balance of 75 Square metres, covered by the existing lane; on 26.04.2011, under the cover of a panchanama, the land was handed over for construction of a school building, where government constructed latrines existed earlier; the Rajiv Vidya Mission authorities have removed the said latrines, and has started construction activity of the school building; and work is at the stage of digging of pits for laying foundation of pillars. There is a dispute, between the petitioner on the one hand and the respondent on the other, not only with regards the title of the property but with regards the very existence of the Survey Number as is claimed by the petitioner herein. Disputed questions of fact as to whether the petitioner is the owner of the land; whether the land vests with the government; who is in possession of the land etc., are matters which are better resolved, after evidence is let in, by a competent Civil Court. Ordinarily this Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, would neither adjudicate disputed questions of fact nor would it decide questions of title and possession. As there exists a dispute in this regard, between the petitioner on the one hand and the respondents on the other, I see no reason to exercise discretion under Article 226 of the Constitution of India to entertain this Writ Petition and adjudicate such disputed questions of fact. Leaving it open to the petitioner, if he so chooses, to avail the remedy of a suit before the Civil Court of competent jurisdiction, the Writ Petition is dismissed. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J August 19, 2011 Note: Issue C.C. by 25.08.2011. B/O.MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.21519 OF 2011 August 19, 2011 MD