IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 11618 of 2008 Between: Nuchu Gopal Yadav, S/o. Nuchu Komaraiah Yadav R/o. Sripura Colony, Malakajgiri, Hyderabad. ..... PETITIONER AND 1 The General Manager South Central Railway, Secunderabad. 2 The Station House Officer Lalaguda, Secunderabad. 3 The Mandal Revenue Officer, Marredapalli, Secunderabad. .....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 an appropriate writ order or direction more particularly a wrti of mandamus declaring the action of the Respondent 2 and dispose the letter dt. 17-5-2008 petitioner in permitting to the 3rd respondent to conduct and demorcation odf the said land sy.No. 35 extent 0-31 guntas situated at siripuram Colony, Lalaguda Village, Marredpalli mandal, Secunderabad,and pass Counsel for the Petitioner:MR.VENKATA RAGHU MANNEPALLI Counsel for the Respondent No.: GP FOR HOME The Court made the following : ORAL ORDER: The Writ Petition is misconceived, apart from the pleadings being vague. Though the averments in the writ petition are vague, they refer to a complaint dated 17.5.2008 apparently lodged by the petitioner with the Station House Officer, Lalaguda Police Station, wherein it is alleged that the 1st respondent herein-the General Manager, South Central Railway, Secunderabad is attempting to encroach upon the petitioner’s land. It is also asserted in the said complaint that the petitioner had approached the court of the I Additional Junior Civil Judge, City Civil Court, Secunderabad by way of a suit for permanent injunction on 9.5.2008 which is stated to have been given a provisional number i.e. O.S.SR No.2528 of 2008. In this writ petition and notwithstanding the institution of a suit, the petitioner seeks in substance a direction to the respondents 2 and 3 to restrain the 1st respondent from interfering with the petitioner’s property in Sy.No.35 in an extent of Ac.0.31 guntas in Siripuram Colony, Lalaguda Village, Marredpalli Mandal, Secunderabad. The petitioner must pursue the remedies before a civil court of competent jurisdiction. Disputed claims to ownership or possession of the property or civil interference with the proprietorial rights of the petitioner ought not to be considered under Art.226 of the Constitution. In any event, the petitioner has not impleaded the South Central Railway as a party respondent but has merely impleaded the General Manager, who is per se not an instrumentality of the State. For the aforesaid reasons, the writ petition is dismissed. The petitioner is however at liberty to pursue alternative remedies. There shall be no order as to costs. GODA RAGHURAM, J Date: 18.6.2008 cvm