IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9108 of 2004 Between: Ch. Shankar … Petitioner AND The State of A.P., rep., by Mandal Revenue Officer, Thirumalgiri Mandal, Hyderabad District. … Respondent Counsel for the petitioner : Smt. Aruna for Sri C. Ramesh Sagar Counsel for the respondent : GP for Revenue (Assignments) This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9108 of 2004 ORDER:- This writ petition is filed for a writ of Mandamus to declare the action of the respondent in not removing the gate and wall constructed at the threshold and across 30’ wide road in Sy.No.157/1 of Hasmathpet Road, Secunderabad obstructing the approach to Hasmathpet Road, Thirumalgiri – Boinpalli for enjoyment of his plot, as illegal and arbitrary. Heard the learned counsel for the parties and perused the record. The petitioner claimed to have purchased an extent of 650 square yards comprised in Sy.o.157/1 of Hasmathpet Road, Secunderabad on 31.03.1995. He averred that he gave the said land on lease to Pallavi Educational Society on 30.07.1997, that the respondent has filed land grabbing cases under the A.P. Land Grabbing (Prohibition) Act, 1982 against the petitioner’s vendor Sri C. Bal Reddy and others, which were registered as LGC.Nos. 40 of 1994, 41 of 1994 and 42 of 1995 in the Special Court, Hyderabad, and that the said cases were dismissed on 22.11.1994, which decision was affirmed by this Court in WP.No.19615 of 1998 and also by the Supreme Court. The petitioner alleged that the respondent constructed the wall across 30’ wide road on Southern side and also another wall on Northern side of the said road and put a gate to the wall thereby blocking the access and approach to his plot. He therefore filed the present writ petition for the relief, which was referred to above. In the counter affidavit filed by the Mandal Revenue Officer, Thirumalgiri, it is inter alia averred that Sy.No.157/11 of Thokatta Village admeasuring Ac.2.29 guntas is a Government land, that the Mandal Revenue Office, Thirumalgiri Mandal was constructed in the year 1999 along with the compound wall and gate and that the said building compound wall and gate were constructed on the Government property and the petitioner has no right to insist that the respondent should remove the same. The respondent also filed a sketch to support his contention that the land belongs to the Government. No reply affidavit is filed controverting the averments contained in the counter affidavit. The question whether the respondent constructed the compound wall and gate on the land, which was the subject matter of the land grabbing case or on the land belonging to the Government being a disputed question of fact, cannot be decided by this Court while exercising its jurisdiction under Article 226 of the Constitution of India. If the petitioner is aggrieved by the construction of compound wall and erection of gate by the respondent, he is entitled to avail the remedy of civil suit before the Court of competent jurisdiction wherein the parties are entitled to adduce evidence on the basis of which the Court will adjudicate the aforementioned issue. The writ petition is therefore dismissed with liberty to the petitioner to avail the remedy as mentioned above. As a sequel to dismissal of the writ petition, WPMP.No.11722 of 2004 and WVMP.No.1967 of 2004 are disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 14.07.2008 ES