IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 6864 of 2003 Between: Sri Ramachandra Recreation Club Rep. by its Treasurer, M.V. Sudhakara Murthy R/o. 3/49, Main Bazar, Porumamilla, Cuddapah District ..... PETITIONER AND 1 The Circle Inspector of Police Porumamilla Caddapah District 2 The Station House Officer Porumamilla Police Station Porumamilla, Caddapah District 3 Rangasamudram Gram Panchayat Rep. by its Sarpanch Porumamilla Mandal, Caddapah District .....RESPONDENT(S) 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 in the nature of Mandamus, declaring the action of the respondents in interfering with the construction activity of the petitioner in Sy.No. 1164/1 situated at Rangasamudram Gram Panchayat, porumamilla Mandal, Cadappah District, as illegal, arbitrary and high handed and consequently direct the respondents herein not to interfere with the lawful construction activities of the petitioner club and to pass Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondents 1 and 2: GP FOR HOME The Court made the following : ORDER: The petitioner-club seeks to issue a writ of mandamus declaring the action of the respondents in interfering with its construction activity in Sy.No.1164/1 situated at Rangasamudram Gram Panchayat, Porumamilla mandal,Kadapa District, as illegal and arbitrary. It is stated that the petitioner-club wants to make certain constructions with regard to its activities and in that connection the respondents have taken steps to stop the said constructions. A counter has been filed by the 3rd respondent/Rangasamudram Gram Panchayat stating that, in fact, the said land in Sy.No.1164/1 admeasuring Ac.0.49 cents belongs to it and the petitioner-club is not the owner of the said land and the petitioner-club is allowed to run its club activities only on the land belonging to gram panchayat and the petitioner-club cannot claim the right, title or ownership of the said land and no permission was given to the petitioner-club to make any further constructions and therefore, the club cannot make any constructions over the said land under deemed permission or under any other law. In the circumstances of the case, I am of the opinion that when there is a serious dispute with regard to ownership of the land itself, the petitioner-club is not entitled to make any constructions over the land of the gram panchayat. However, I am not inclined to express any opinion regarding the right and title of the said property in favour of individual. Having regard to the facts of the case, the disputed questions of fact cannot be gone into this writ petition and hence, it is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:23.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ESWAR}