IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 14074 of 2009 Between: K.Sharada, W/o.K.Gowri Shankar, R/o. 10-3-2/8/1, East Marredpally, Secunderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep by District Collector, R.R.District, Lakdikapool, Hyderabad. 2 The Tahsildar, Malkajgiri Mandal, Malkajgiri, Hyderabad. 3 The Assistnt Divisonal Engineer, APCPDCL, Vinayak nagr, Neredmet, R.R.District. 4 The Deputy Commissioner, GHMC, Malkajgiri, Circle XVII, Hyderabad. .....RESPONDENTS 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 issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in proceeding with the constructions over petitioners plot No.6 admeasuring 287 sq. yards in survey No.86(Part) situated at Neredmet Village, Greater Hyderabad Municipal Corporation, Malkajgiri, Hyderabad bounded by North: Plot No.5, South: Tank, East: Road and West: Plot No.7 purchased under a registered sale deed document No.6225/1979 dt. 20-06-1979 as arbitrary, illegal and capricous with a consequential direction against the 3rd respondent not to raise any constructions as directed by the 4th respondent. Counsel for the Petitioner: MR.ERANKI.PHANI KUMAR Counsel for the Respondents : O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following : ORDER : In this Writ Petition the dispute relates to a piece of land situated at Neredmet Village in the limits of Greater Hyderabad Municipal Corporation. It is the case of the petitioner that the respondent No.3 is constructing a sub- station in the plot No.6, admeasuring 287 square yards, in Sy.No.86, which is purchased by her vide registered sale deed, dated 20-06-1979, by document No.6225 of 1979; whereas it is the case of the third respondent that the said piece of land belongs to Government and the same is allotted by respondents 1 and 2 for construction of sub- station by APCPDCL. The petitioner also filed a civil suit in O.S.No.1230 of 2008 and the same is pending consideration. In the said suit he has also filed an application seeking injunction, mainly on the ground that for the constructions, which are being undertaken by the third respondent, there is no sanction by the competent local authority i.e., fourth respondent. Thus, there is dispute with regard to title over the piece of land where the constructions are being taken up and further the petitioner has already invoked the jurisdiction of the civil Court and the matter is pending there. Therefore, I do not find any merit in this Writ Petition so as to entertain the same for resolution of the dispute. Except the factual dispute, no other question arises for consideration. In that view of the matter, the petitioner has rightly invoked the jurisdiction of the civil Court and the matter is subjudice. The Writ Petition is, accordingly, dismissed. However, it is made clear that the application filed by the petitioner in the civil Court shall be decided on its own merits uninfluenced by any of the observations made hereinabove. No order as to costs. _____________________ R.SUBHASH REDDY, J. 15th July, 2009. skmr