IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.23387 OF 2010 Between: M/s.Visakha Ventures Pvt. Ltd., (formerly known as M/s.East Coast Constructions & Products (P) Ltd.,), HIG 1/82, Sagarnagar, Visakhapatnam-530 043,rep.by its Managing Director, Kadali Venkata Narayana, S/o.China Venkanna. … Petitioner AND The District Collector, Visakhapatnam District, Visakhapatnam and two others. … Respondents This Court made the following: O R D E R : The petitioner company claims that it is in occupation of land admeasuring Ac.4.00 cents in Survey Nos.189/2 and 189/5 of Chinamushidiwada Village, Pendurthi Mandal, Visakhapatnam, having purchased the same under a registered sale document. Its grievance presently is that the Revenue Authorities are interfering with its possession over the subject land on the ground that the same falls in Survey No.189/1 of the Chinamushidiwada Village. 2. The Tahsildar, Pendurthi Mandal, Visakhapatnam, stated in his counter that the lands admeasuring Ac.0.15 cents and Ac.3.40 cents in Survey Nos.189/1 and 189/5 of Chinamushidiwada Village were Government lands classified as “Gayalu” and “Gedda Poramboke” in the Revenue Records. He further stated that the petitioner company was trying to encroach into the Government land in Survey No.189/1 of the Village and thereupon, steps were taken to prevent such encroachment. It is the case of the Revenue Authorities that the subject land claimed by the petitioner company being the extent of Ac.0.15 cents in Survey No.189/1 of the Village belongs to the Government and that the petitioner company had no right or title over the same. 3. In the light of the disputed identity of the property claimed by the petitioner company, the matter is not amenable to resolution in a writ petition. Whether the land claimed by the petitioner is situated in Survey No.189/1 of the Village as claimed by the Government or whether it is in Survey No.189/2 of the Village, would have to be resolved through a fact finding process. Such disputed questions of fact cannot be adjudicated by this Court in exercise of jurisdiction under Article 226 of the Constitution of India. 4. The Writ Petition is accordingly dismissed leaving it open to the petitioner company to workout its remedies before the appropriate forum in accordance with law. There shall be no order as to costs. _____________________ SANJAY KUMAR, J Date: 24-03-2011. KVS/BSB