IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9428 of 2008 Between: Mir Mukthar Hussain, S/o. late Abbas Hussain, R/o. H.No. 13-6-825/17, Moghulkanala, Ring Road, Mehdipatnam, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its The Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 The Chief Commissioner of Land Administration, Government of Andhra Pradesh, Nampally Road, Hyderabad -500 001. 3 The District Collector, Hyderabad District. Hyderabad - 500 001. 4 The Revenue Divisional Officer, Secunderabad Division, Hyderabad District, Minister Road, Secunderabad - 500 003. 5 The Tahsildar, Khairatabad Mandal, Hyderabad District, Hyderabad -500 004. 6 The Principal Secretary, Health, Medical and Family Welfare Department, Secretariat, Hyderabad. 7 The Superintendent, Government General and Chest Hospital (T.B. Hospital), Irramnuma, Near Erragadda, Hyderabad. .....RESPONDENT(S) 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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No.1 in nt declaring the rights, ownership/title in favour of the legal heirs and Successors of Late Nawab Fakrul Mulk over the land admeasuring Ac. 67.20 Guntas in Old Sy.No. 29, corresponding Survey Nos. 50 to 57, Town Sy.No. 2/2 and 3, Ward No.7, Block-D, situated at Yousufguda Village, Khairatabad Mandal, Hyderabad District belongs to late Nawab Fakhrul Mulk Bahadur by directing the Superintendent, Government Chest and General Hospital, Irrumnuma, Hyderabad to hand voer the vacant possession of the land to the legalheirs and successors of nawab Fakhurl Mulk Bahadur as illegal, arbitrary, unconstitutional and against to the principles of natural justice and subsequently direct the respondents nt to alienate, allot and not to change the nature of the land till the disposal fo the petitioner's petitin dated 17-11-2007 pendinb before the Respondent No.1 and pass Counsel for the Petitioner:MR.ANJANEYULU CHANDUBATLA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9428 of 2008 ORAL ORDER: In the present writ petition the petitioner seeks the following relief; “ issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent No.1 in not declaring the rights, ownership/title in favour of the legal heirs and Successors of Late Nawab Fakrul Mulk over the land admeasuring Ac. 67.20 Guntas in Old Sy.No. 29, corresponding Survey Nos. 50 to 57, Town Sy.No. 2/2 and 3, Ward No.7, Block-D, situated at Yousufguda Village, Khairatabad Mandal, Hyderabad District belongs to late Nawab Fakhrul Mulk Bahadur by directing the Superintendent, Government Chest and General Hospital, Irrumnuma, Hyderabad to hand over the vacant possession of the land to the legal heirs and successors of nawab Fakhurl Mulk Bahadur as illegal, arbitrary, unconstitutional and against to the principles of natural justice and subsequently direct the respondents not to alienate, allot and not to change the nature of the land till the disposal of the petitioner's petition dated 17-11-2007 pending before the Respondent No.1” Though several contentions were raised in the present writ petition, the relief sought for is as to declaring the rights, ownership, title in favour of the legal heirs and successors of late Nawab Fakrul Mulk over the subject property and for a direction to the respondents to hand over the vacate possess of the subject land. Thus, the relief sought by the petitioner in the present writ petition is to adjudicate and determine the rights over the subject property, which can only be done by the appropriate Civil Court, on appreciation of the evidence adduced by the parties and this Court in exercise of its jurisdiction under Article 226 of the Constitution of India can not adjudicate the same. The writ petition is not maintainable and accordingly the same is hereby dismissed. No costs. _____________ N.V.RAMANA,J DATE: 28.4.2008 TVK THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9428 of 2008 Date: 28.4.2008