HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.11087 of 2006 Date: September 24, 2014 Between: 1. More Narsimha & another. … Petitioners And 1. The Commissioner, L.B. Nagar Municipality, Ranga Reddy District & another. … Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.11087 of 2006 O R D E R: Heard learned counsel for the petitioners and learned standing counsel for the first respondent. 2. The petitioners state that they are permanent residents of Kothapeta, L.B. Nagar Municipality. One A.L. Narasimha Rao appears to have purchased Plot No.127-II admeasuring 206 square yards in Survey No.181 of Kothapeta Revenue Village, L.B. Nagar, Ranga Reddy District, from the original owner for a valid consideration. He sold the said plot to the father of the 2nd petitioner by executing a sale deed dated 12.07.1967 and delivered possession. He was in possession of the said property till his death. The petitioners are only legal heirs to their father. They could not construct a house on the said plot due to financial constraints. The first respondent Corporation laid a pipeline up to the plot of the petitioners for flowing rain water into the canal which is situated by the side of their plot though there is another way to flow water into the canal. Due to the action taken by the first respondent, the plot of the petitioners is getting damaged. Therefore, they raised the surface by dumping mud in their plot and constructed the house. While so, the respondents objected on the ground that they are doing the act without any manner of right by closing the way and flowing rain water. Challenging the interference of the respondents, the present writ petition was filed. 3. The first respondent filed a counter-affidavit stating that the land in Survey No.181 of Kothapeta Revenue Village, L.B. Nagar belongs to the Government and there are no pattedars. The petitioners are not claiming Plot No.127-H, as there is no layout in Survey No.181 of Kothapeta Revenue Village. The petitioners are not in possession of the said land, as there is an existing storm water drain since times immemorial. Some people encroached the Government land and raised some huts and except those huts, there are no houses constructed. The petitioners are trying to close the storm water drain by putting mud to encroach the said property to stop free flow of the storm water. The petitioners are claiming the property of the Government which cannot be decided by this Court under Article 226 of the Constitution of India. 4. Though the petitioners filed a typed copy of the sale deed dated 12.07.1967 in favour of their father, in view of the stand taken by the first respondent in his counter-affidavit, it is not possible to this Court to decide the title and possession of the petitioners in proceedings under Article 226 of the Constitution of India. 5. In the circumstances, this writ petition is disposed of giving liberty to the petitioners to take appropriate proceedings in a competent Court of law for establishing their right, title and possession over the property claimed by them. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs. ________________________________ A. RAMALINGESWARA RAO, J Date: September 23, 2014 BSB HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.11087 of 2006 35 Date: September 23, 2014 BSB