IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWELFTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11939 of 2002 Between: 1 Mohd. Abdul Mukthader S/o. Mohd. Omar R/o. H.no. 7-10/1, Bapuji Nagar, Seri Lingampally Villageand Municipality, Ranga Reddy District. 2 Mohd. Yousuf, S/o. Mohd. Siddiq R/o. H.No. 3-23, Tara Nagar, Tara Nagar Village, Seri Lingampally Mandal and Minicipality, Ranga Reddy District. ..... PETITIONER(S) AND The Municipal Commissioner, Seri Lingampally Municipality, Ranga Reddy District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ, order or direction, preferably in the nature of Writ of Mandamus, declaring the action of the respondent herein in starting the construction of the culvert bridge in the petitioners plot Numbers: 1 and 4 respectively situated in Syrvey No.3 of Seri Lingamapally Village and Municipality, R.R.District, without any notice, initiating Land Acquisition Proceedings and paying the compensation, as illegal, arbitrary, violative of Article 14,19, 21 and 300-A of Constitution of India and issue consequential direction to the respondent not to dispossess the petitioners from the above stated plots till the Land Acquisition Proceedings are initiated and compensation is paid to the petitioners and pass Counsel for the Petitioner:MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: MR.K.VENUGOPAL REDDY (SC FOR MUNICIPAL) The Court made the following : ORDER This writ petition is filed seeking a declaration that the alleged action of the respondent-Municipality in proposing to construct a culvert in the land of the petitioners i.e., plot No.1 and 4 situated in Sy.No.3 of Seri Lingampally Village without initiating any proceedings under the Land Acquisition Act and paying compensation to the petitioners is arbitrary, illegal and violation of Articles 14,19,21 and 300-A of the Constitution of India. In the counter filed on behalf of the respondent, the allegation of the petitioners that the culvert is proposed to be constructed in their plots has been specifically denied. It is stated that the Municipality has proposed to construct a culvert over an existing Nala for the convenience of the public passing from Taranagar to Lingampally village. It is further stated that there is a CC road existing up to the proposed culvert in Lingampally Village and road is also existing towards Taranagar and to link up these roads the culvert has been proposed and the same was approved by the council vide C.R.No.31 of 2000 dated 28.4.2000. Accordingly, a paper notification was given inviting tenders on 31.10.2000 and the work was commenced on 4.1.2001. It is also stated that there is no demarcation of the plots as claimed by the petitioners and there is no approved lay out. Thus it is contended that the question of acquiring the lands does not arise since the culvert is proposed to be constructed on the existing natural Nala. Heard the learned counsel for the parties and perused the material on record. It is clear from the counter-affidavit that the claim of the petitioners that the proposed culvert is being constructed in their plots itself is in dispute. As a matter of fact, the existence of the Nala has not been denied even by the petitioners. However, it is claimed that the Nala is situated within their lands. Such a disputed question of fact cannot be decided by this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India and therefore, the relief as prayed for cannot be granted. The petitioners are at liberty to avail the common law remedy for redressal of their grievance. Accordingly, granting leave and liberty, the writ petition is disposed of. However, keeping in view that during the pendency of this writ petition, this Court granted interim stay of dispossession of the petitioners from their plot Nos.1 and 4 situated in Seri Lingampally Village and Municipality, the same order shall continue for a further period of eight weeks from today. In the mean while it is open to the petitioners to work out the common law remedy. No costs. __________ 5-12-2008 Note: Issue CC by one week (B.O) rkk