IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:10515 of 2001 Between: 1 Sajid Mujtaba Sharief , S/o.Late Ali Sharief, R/o.H.No.7-1285, Pinjarla Street, Hanamkonda, Warangal District. 2 Jawad Mohd.Sharief, S/o.Lat Ali Sharief, R/o.H.No.7-1285, Pinjarla Street, Hanamkonda, Warangal District. 3 Athar Ahmed Sharief, S/o.Late Ali Sharief, R/o.H.No.7-1285, Pinjarla Street, Hanamkonda, Warangal District. 4 Mushatq hussan Sharief, S/o.Late Ali Sharief, R/o.H.No.7-1285, Pinjarla Street, Hanamkonda, Warangal District. ..... PETITIONERS AND 1 The Commissioner, Municipal Corporation, Warangal. 2 The District Collector, Warangal. 3 The Prl.Secretary, Municipal Administration, State of A.P., Hyderabad. .....RESPONDENTS Counsel for the Petitioners:MR.P.PRABHAKAR REDDY Counsel for Respondent No.1: MR. DURGA NAGESWARA RAO Counsel for Respondent Nos.2 and 3: AGP FOR LAND ACQUISITION The Court made the following : ORDER: This writ petition is ﬁled for a writ of mandamus to declare the action of the respondents in not initiating acquisition proceedings and paying compensation to the petitioners in respect of the land of an extent of Ac.0.13 guntas in Survey No.741 of Hanamakonda within the limits of Warangal Municipal Corporation, as highly illegal and arbitrary. Heard Sri P.Prabhakar Reddy, learned counsel for the petitioners and the learned Standing Counsel for the Municipal Corporation of Warangal - respondent No.1 and perused the record. An extent of Acs.5.39 guntas of land, out of Acs.6.25 guntas of land in Survey No.741 was acquired under award, dated 27.01.1966 for the purpose of respondent No.1. The petitioners claim that out of the balance extent of Ac.0.26 guntas of land, Ac.0.13 guntas of land belongs to them. While the petitioners claim that the said land is in possession of respondent No.1, in the counter-aﬃdavit ﬁled by the Commissioner of respondent No.1 Corporation, he has taken the stand that the balance extent of Ac.0.26 guntas of land including the extent of Ac.0.13 guntas of land claimed by the petitioners, which was deleted from acquisition, is presently a graveyard and not in possession of respondent No.1. The petitioners, however, disputed this claim and stated that the said land is utilized by respondent No.1 Corporation for the purpose of Planetarium and Museum. The question whether the land of the petitioners is utilized by respondent No.1 or not being disputed by respondent No.1 Corporation, it is not possible for this Court to adjudicate the same while exercising it’s jurisdiction under Article 226 of the Constitution of India. The petitioners are, therefore, permitted to avail an appropriate remedy for adjudication as to whether the extent of Ac.0.13 guntas of land is in occupation of respondent No.1. It is open to the petitioners to apply for survey under the Andhra Pradesh Survey and Boundaries Act, 1923 and if it is found that the said land is not utilized by respondent No.1 Corporation, they shall be free to take possession of the said land through process of law. If, on the other hand, it is found that the land is in occupation of respondent No.1, they are entitled to approach the competent Civil Court for appropriate declaration to that eﬀect and claim compensation in respect thereof. Subject to the above observations, the writ petition is dismissed. C.V.NAGARJUNA REDDY, J 11th SEPTEMBER, 2008. kvni