THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1160 of 2008 Date: 11-02-2008 Between: S.Ramlal Rao …Petitioners and 1.The Collector, Hyderabad District, Nampally, Hyderabad and others. …Respondents THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.1160 of 2008 Date: 11-02-2008 ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents in not considering the representation dated 03-10-2007 of the petitioner as illegal and arbitrary and to direct the respondents to forthwith consider the said representation. It is the case of the petitioner that the second respondent- Revenue Divisional Officer, Hyderabad, assigned an extent of 120 square yards of vacant land bearing No.20-1-1018 at Swamy Vivekananda Nagar, Charmahal Village, Charminar Taluk, in his favour vide patta Survey No.F/6606/83 dated 21-05-83 and that the same is inheritable but not assignable. It is further stated that one N.Ranibai, wife of the fourth respondent, filed O.S.No.5483 of 2003 before the VIII Senior Civil Judge, Hyderabad, seeking perpetual injunction against the petitioner in respect of the above said house bearing No.20-1-1018 admeasuring 133 square yards siatuated at S.V.Nagar, Puranapul, Bahadurpura Mandal, Hyderabad. As the plaintiff-N.Rani Bai, expired pending suit, her husband i.e., the fourth respondent was impleaded as party respondent. It is further stated that the said suit was decreed on 14-11-2006 and the appeal being A.S.No.4 of 2007 filed by the petitioner against the said judgment was dismissed by the II Additional Chief Judge, City Civil Court, Hyderabad, on 25-07-2007. The core grievance of the petitioner is that he made a representation before the first respondent-District Collector, Hyderabad on 03-12-2007 seeking to take appropriate action in the matter, but the same has not yet been considered and disposed of. The suit in O.S.No.5483 of 2003 was filed by the wife of the fourth respondent claiming right and title over the House bearing No.20-1-1018 admeasuring 133 square yards situated at S.V.Nagar, Puranapul, Bahadurpura, having purchased the same under registered sale deed dated 21-09-1988. The suit in O.S.No.5483 of 2003 was decreed in favour of the fourth respondent on 14-11-2006 and the same was upheld by the appellate Court vide A.S.No.4 of 2007, dated 25-07-2007. Though the house number is same, the extent of land assigned in favour of the petitioner is stated as 120 square yards in Swamy Vivekananda Nagar, Charmahal Village, Charminal Taluk, and the extent of the property, which is the subject matter of the civil suit, is stated as 133 square yards in S.V.Nagar, Puranapul, Bahadurpura Mandal, Hyderabad. It is not known whether the subject matter of the suit property and the land assigned in favour of the petitioner are one and the same. If the subject matter of the suit property and the assigned land are same, generally, there will be an observation by the civil Court that it will be open for the parties to take appropriate action for violation of the A.P.Assigned Lands (Prohibition of Transfer) Act, 1977. There is no such observation in the judgment of the appellate Court and the judgment of the civil Court has not been filed. Therefore, it cannot be said that late Rani Bai, wife of the fourth respondent, created a fake document in respect of the land said to have been assigned in favour of the petitioner. The petitioner might have failed to establish before the civil Court that the subject matter of the civil Suit and the assigned land are one and the same. In view of the fact that the petitioner had already lost the suit before the Civil Court and as the District Collector cannot sit over the judgment of the civil Court, I am not inclined to grant any relief sought for. The Writ Petition is, accordingly, dismissed. No costs. ------------------------ (V.Eswaraiah, J) 11-02-2008 LUR