IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 23584 of 2001 Between: 1 Jakka Gopala Reddy S/o Kodanda Rami Reddy R/o Prasanthi Nagar Dargamatta, Nellore Town, Nellore District. 2 K.R.V.Susheela W/o Srinivasulu R/o Prasanthi Nagar Dargamatta, Nellore Town, Nellore District. ..... PETITIONERS AND 1 The District Collector Nellore, Nellore District. 2 The Mandal Revenue Officer, Nellore Mandal, Nellore District. 3 The Commissioner, Nellore Municipality Nellore, Nellore District. 4 The Superintending of Police, Nellore Municipality Nellore, Nellore District. 5 K.Ramaiah S/o Bangaraiah R/o H.No.24/1012/3, Podalakuru Road, Nellore Town, Nellore District. implead as per court order in WPMP 19911/02 dt:1.10.02 6 Shaik Basha S/o Baba Saheb R/o H.No.24/1012/4, Podalakuru Road, Nellore, Nellore District. implead as per court order in WPMP 19911/02 dt:1.10.02 .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or direction declaring the action of the respondents 1 to 3 claiming rights over the Plot.n o.37 in CAS No.558/P and 559/2P and sought to assign the same in favour of land grabbers as illegal, arbitrary and without jurisdiction and consequently direct the respondents not to interfere with possession and enjoyment of the petitioners of Plot.No. 37 inCAS No.558/Pand 559/2P of Nellore Bit-I , Nellore Town. Counsel for the Petitioners: SRI P.GANGA RAMI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.23584 of 2001 ORDER: According to the petitioners, they purchased the land to an extent of 68 ankanams covered by Sy.Nos.558/P and 559/2P in Plot No.37 of Nellore Bit-I village from the original owners under registered sale deeds for valuable consideration. While so, when some land grabbers tried to encroach into their lands, they filed civil suits against the land grabbers and obtained temporary injunction in their favour. The grievance of the petitioners is that now the respondents 1 and 2, without having any right over their land, are proceeding to assign their land in favour of some third parties. A detailed counter affidavit has been filed by the 3rd respondent stating that the land purchased by the petitioners is reserve open space, earmarked for public purpose, and the petitioners have no right to purchase such reserve open space. There is no necessity of going into all the details. Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents. Admittedly, the land purchased by the petitioners is reserve open space. It appears, when the Municipality as well as the Government claimed that the land purchased by the petitioners is a reserve open space, the petitioners filed suits seeking declaration of title and for perpetual injunction, and some private parties filed L.G.C over the said property. Both L.G.C. and the suits filed by the petitioners were clubbed and they are being tried on the file of the District Court, Nellore. In the above circumstances, I am of the opinion that the dispute with regard to title over the subject property cannot be gone into in the present writ petition and, therefore, the writ petition is liable to be dismissed. The writ petition is, accordingly, dismissed. However, it is always open for the petitioners to workout their remedies in the proceedings purported to have been pending in respect of the subject property. There shall be no order as to costs. _____________ C.V.RAMULU,J 03.06.2009 v v