THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 19396 OF 2005 Dated: 29-07-2010 Between: Dr. B.R. Ambedkar Yuvajana Sangham, Puthalapattu, rep., by its General Secretary, Mr. A. Munirathnam, S/o Bangaru Swamy, aged 40 years, Occ: Social Service, r/o 2-4 near M.R.O Office, Post Puthalapattu (V) and Mandal, District-Chittoor, PIN: 517124 and another ... PETITIONER AND The District Collector, o/o Collectorate, Chittoor and four others ... RESPONDENTS THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 19396 OF 2005 ORDER: This writ petition is filed seeking directions by way of mandamus to direct the respondent – authorities not to encroach into Dr. Ambedkar Bhavan situated in Survey No. 676 of Pathapattu Village. It is the case of the petitioners that the petitioner –association was allotted five cents of land wherein it has constructed Dr. Ambedkar Bhavan and that all of a sudden the Gram Panchayat is trying to encroach into the same under the pretext of proposed commercial construction. The petitioners have not placed any material before this Court in support of the contention that the land in question was allotted in favour of the petitioner-sangam. Further, in the counter affidavit filed by the District Panchayat Officer, the 3rd respondent herein it is stated that the land in question belongs to the Zilla Parishad and is in possession of Gram Panchayat, Puthalapattu and is being used by the Gram Panchayat for running weekly shandy. It is also stated that the Gram Panchayat is getting major income through the weekly shandy, that a primary health center was constructed in an extent of Ac.0.06 cents and the Gram Panchayat has resolved to construct a shopping complex in the land in question. From the pleadings on record, it is clear that disputed question of fact as to whether the land in question belongs to the petitioner – society or the zilla parishad arises for consideration in this writ petition which cannot be gone into by this Court under Article 226 of the Constitution of India. Further, there is no reason to disbelieve the counter filed by the 3rd respondent wherein it is clearly stated that the land in question is in possession of the Gram Panchayat and is being used for conducting weekly shandy. For the aforesaid reasons, no relief can be granted to the petitioners as prayed for in the writ petition. The writ petition is accordingly dismissed. No order as to costs. R. SUBHASH REDDY, J 29-07-2010 ks