THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.33339 of 2010 Date : 8-2-2011 Between : Smt.Jaala Laxmi w/o.Mallaiah .. Petitioner And The Depot Manager, A.P.S.R.T.C., Korutla, Karimnagar District and others .. Respondents Counsel for petitioner : Sri M.V. Venu Counsel for respondent No.1 : Sri P.Krishna Reddy Counsel for respondent Nos.2 & 3 : None The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in interfering with the petitioner’s possession and enjoyment of land admeasuring 302.5 sq. yards, in Sy.No.122/A, Hajipura road, Korutla town, Karimnagar District as illegal and arbitrary. The petitioner asserted that she is the owner of the above mentioned property which was gifted by her husband vide registered gift deed dated 15-3-2010. The petitioner obtained permission for construction of a house from Korutla Municipality on 19-6-2010. When she started construction over the said land, the subordinates of respondent No.1 started interfering with the said construction on the ground that the said land was already acquired. In the counter affidavit filed on behalf of respondent No.1, it is inter alia stated that the total extent of Ac.2-02 guntas in S.No.122 was acquired under notification dated 14-7-1979 (erroneously shown as 14-7-1997) and award was passed on 6-2-1979. It is further pleaded that despite acquisition of land, the petitioner is unlawfully continuing in possession of the property and when she has sought to raise construction, the subordinates of respondent No.1 tried to prevent such unlawful activity. In support of the above plea of respondent No.1, award No.7/78-79 dated 6-2-1979 has been filed. A perusal of the said award shows that an extent of Ac.0-28 guntas in S.No.122/A and Ac.0-14 guntas in S.No.122/B standing in the name of Jala Yellaiah and Jala Mallaiah have been acquired. The learned counsel for the petitioner stated that after Ac.0-28 guntas was acquired in S.No.122/A, the petitioner’s family was still left with Ac.0-14 guntas and that the land over which the petitioner is seeking to raise construction forms part of the said land remaining with the petitioner’s family. Ex facie, respondent No.1-Corporation has acquired the property in S.Nos.122/A and 122/B belonging to the petitioner’s family. Therefore, it is entitled to assert its right if it is felt that any part of the acquired land is sought to be misused by any one including the petitioner. As disputed question regarding identity of the property is involved, it is not appropriate for this court to adjudicate the same in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India. If the petitioner feels aggrieved by such interference by the respondents, she is entitled to approach the competent civil court for asserting her right and title over the property in her occupation. Subject to the above observations, the Writ Petition is dismissed. As a sequel to dismissal of the Writ Petition, WPMP No.42294/2010 and WVMP No.195/2011 are disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY.,J Date : 8-2-2011 AM