IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14151 of 2008 Between: P.Sabapathi Reddy S/o.Late Hanumanth Reddy R/o.H.No.7-1-2, Ferozguda,Balanagar (M) R.R.District ..... PETITIONER AND 1 Station Commander, Secunderabad and Estate Officer Under Central Act No.40/1971, Station Head Quarters Secunderabad-10 2 The Commander,Headquarters,Andhra Sub Area Secunderabad-10 3 Headquarters, 54,Artillery Brigade,Secunderabad 4 The Commading Officer,240,Harar Kalan Regiment Bowenpally, Secunderabad-11 .....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 more particularly one in the nature of writ of mandamus declaring the action of the respondents in flouting the law and making efforts to frustrate the claim of the petitoner over the disputed land in SY.No.4 in Ferozguda village R.R.District by making unauthorized construction as arbitrary, illegal, and consequently direct the respondents not to meddle with above said property and pass Counsel for the Petitioner:MR.C.M.R.VELU Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 14151 OF 2008 ORDER: 1. This writ petition has been filed by P.Sabapathi Reddy with a prayer to issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in flouting the law and making efforts to frustrate the claim of the petitioner over the disputed land in Sy.No. 4 in Ferozguda (v), Ranga Reddy District as arbitrary and illegal. 2. The petitioner claims that his father purchased land in Survey No. 4 of Ferozguda village, Balanagar Mandal, Ranga Reddy District under a registered sale deed dated 16-10-1961. In the family partition, his father got Ac. 5-03 guntas. Right from the date of purchase, the land has been in possession and enjoyment of his family. In the year 1950 certain lands were acquired for defence purpose. The land of the family of the petitioner was neither acquired nor any compensation was paid. On 15-8- 1991 when army personnel tried to dispossess his father, his father filed O.S.No. 300 of 1991 before the District Munsiff (W & S) R.R. District for perpetual injunction. The said suit ended in dismissal. His father filed A.S.No.100 of 1997 assailing the judgment and decree passed in O.S.No.300 of 1991. The said appeal ended in dismissal and thereupon further appeal to this Court being S.A.No.869 of 1999 and the Second Appeal also dismissed on 15-6-2007. Thereafter, petitioner and his family members filed suit O.S.No. 542 of 2008 on 13-6-2008 before the II Additional District Judge, Ranga Reddy District. On 1-7-2008 the respondents who are not parties to the suit started constructions of barracks in the disputed land. According to the petitioner, the respondents commenced their activities on the land to frustrate his claim. When he brought to the notice of Army Personnel, they threatened him with dire consequences. Hence, he approached this Court invoking jurisdiction under Article 226 of the Constitution of India. Hence, this writ petition. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for Respondents 1 to 4. 4. Learned counsel for the petitioner submits that the respondents herein are not parties to the suit and therefore, despite the fact of the pendency of the civil suits, the writ petition is maintainable. 5. Learned standing counsel appearing on behalf of respondents submits that the petitioner and others had already filed civil suit for declaration of their title, and any interim relief in respect of the suit land, they have to approach the Civil Court. In support of his submission reliance has been placed on the decision of this Court in Lt. Rajender Singh Vs. Chief of Naval Staff, Naval Head Quarters, New Delhi[1]. 6. A fact remains that the petitioner and members of his family filed suit O.S.No. 542 of 2008 against Union of India represented by its Secretary Defence Estate Officer, Secunderabad Cantonment, Secunderabad and two others. Respondents in the writ petitioner are no other than the Subordinates of the defendants 2 and 4 in the suit. If the petitioner wants any interim protection, he has to make application in the suit. Therefore, filing the writ petition invoking jurisdiction under Article 226 of the Constitution of India, in the given facts and circumstances of the case, is misconceived. 7. Accordingly, the writ petition is dismissed at the admission stage. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 3rd July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 14151 OF 2008 3rd July, 2008. [1] 2007(5) ALD 349