IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.19631 OF 2007 Between: Haseena Begum ..... PETITIONER AND The Secretary and another ....RESPONDENTS The Court made the following: HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.19631 OF 2007 ORDER: The petitioner seeks damages to a tune of Rs.20,00,000/- stating that 54.22 Square Yards of her property in premises bearing No.6-6-155 situated near Thousand Pillars Temple, Hanamkonda, out of 74.30 Square Yards, purchased through sale deed, dated 20.11.2001, was taken over by the 2nd respondent for widening of the road. The petitioner contends that the property was purchased by her in the year 2001 and the 2nd respondent has demolished part of the house on 17.02.2007, without issuing notice and giving an opportunity. The petitioner quantified the damages at Rs.20,00,000/-. Heard the learned counsel for the petitioner, learned Government Pleader for Municipal Administration and learned counsel for the 2nd respondent. There are several disputed questions of fact, which need to be answered before the petitioner can be granted any relief. The first is as to whether the 2nd respondent has demolished any part of the house and, if so, whether it was her exclusive property or any encroachment of the road. Questions of this nature cannot be decided in a writ petition filed under Article 226 of the Constitution of India. If the petitioner is so advised, she can institute a suit before a civil Court. Since the petition was pending before this Court from August 2007 in pursuing the remedy, the same can be excluded for the purpose of limitation in terms of Section 14 of the Limitation Act, 1963. Hence, the Writ Petition is disposed of leaving open to the petitioner to file a suit to claim the relief of payment of damages against the respondents. If the suit is presented within a period of three months from today, it shall be entertained by the civil Court as having been presented within the period of limitation. There shall be no order as to costs. ___________________________ L. NARASIMHA REDDY, J March 31, 2011 MD HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.19631 OF 2007 March 31, 2011