HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND HON’BLE SHRI JUSTICE GHULAM MOHAMMED W.A.No.71 of 2011 JUDGMENT (Per the Hon’ble the Chief Justice Shri Madan B. Lokur) 1. The appellants are aggrieved by an order dated 29.11.2010 passed by the learned singe Judge in W.P.No.29632 of 2010. 2. In that writ petition, the appellants challenged a memo dated 24.06.2006 informing them that as per the revenue records for the year 1953-54 of Gopanapally Village, the land in Sy.No.124 to an extent of Ac.279.38 gts is recorded as Sarkar Poramboke. Consequently, sale transactions taking place on government land are null and void. The request of the appellants for issuance of No-objection Certificate for construction of a house in the land was therefore rejected. 3. Feeling aggrieved by the refusal of a No-objection Certificate, the appellants before us, filed a writ petition which was rejected by the learned single Judge on the ground that a more appropriate remedy available to the appellants would be to approach a civil Court. 4. We have heard learned counsel for the appellants and find that in fact a No-objection Certificate was granted in respect of a part of the land to respondent No.5. We are not clear with regard to the basis on which that No-objection Certificate was granted, but as observed by the learned single Judge, there are three parties that are involved in the controversy, namely the Government which claims to be the owner of the land, respondent No.5 to whom a No-objection Certificate has been granted for construction and the appellant, who is claiming entitlement to a No-objection Certificate. 5. The entitlement of the parties, as indeed the title to the property is a matter which cannot be decided by way of a writ petition. 6. We are, therefore, of the opinion that the learned single Judge did not commit any error in rejecting the writ petition while permitting the appellants to approach the civil Court for relief. 7. We find no merit in the writ appeal and hence it is dismissed. 8. The miscellaneous applications are also dismissed. ____________________ MADAN B. LOKUR, CJ ____________________ GHULAM MOHAMMAD, J Date:17.11.2011 sj W.A.No.71 of 2011 Page 2 of 2