THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.31512 of 2010 Date: 29.03.2011 Between: Enugurthi Brahmaiah and another. … Petitioners and Jagtial Municipality, Jagtial, Karimnagar District, Rep.by its Commissioner and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.31512 of 2010 ORDER : Heard Sri M. Uday Kiran, learned counsel appearing for the petitioners as well as Smt. Shanthi Neelam, learned Standing Counsel appearing for the 1st respondent-Jagtial Municipality and Sri K. Venumadhav, learned counsel appearing for respondent Nos.2 and 3, and with their consent, the writ petition is being disposed of at the admission stage. 2. This writ petition has been filed to declare the action of the 1st respondent-Municipality in not demolishing the alleged illegal constructions said to have been made by respondent Nos.2 and 3, as arbitrary and illegal. 3. The petitioners claim to be the owners of premises bearing house No.5-3-226, situated at Gunj Road, Jagtial, Karimnagar District, having purchased the same by virtue of a registered sale deed dated 25.1.2010. They also claim to be the owners of the adjacent premises bearing house No.5-3-227 and residing in the said house. The complaint of the petitioners is that respondent Nos.2 and 3, who are said to be the owners of the adjacent house bearing No.5-3-225, encroached upon a portion of their premises and made constructions thereon. It is alleged that the encroached portion was a joint wall dividing both the premises of the petitioners and respondent Nos.2 and 3. The petitioners state that respondent Nos.2 and 3 have made constructions with certain projections into their premises without having any right and title over the same and also without leaving the required set backs. Therefore, they have filed the present writ petition for the aforesaid relief. 4. A counter affidavit has been filed by respondent Nos.2 and 3. While denying the allegations made by the petitioners, respondent Nos.2 and 3 have taken a specific stand that they have not encroached any part of the petitioners’ lands and made constructions strictly in accordance with the construction permission granted by the 1st respondent . It is also stated that the said construction was made in the year 2006 itself. 5. From the above rival contentions, it is evident that there are disputed questions of fact as to whether respondent Nos.2 and 3 illegally occupied a portion of the petitioners’ land and whether they have made constructions with any projections. These disputed questions of fact require evidence and the same cannot be decided in this writ petition. Therefore, no relief can be granted to the petitioners in this writ petition. 6. Accordingly, the writ petition is dismissed. However, the petitioners are at liberty to approach the competent civil Court and workout their remedy in accordance with law. No order as to costs. _________________________ JUSTICE NOUSHAD ALI 29.03.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.31512 of 2010 29.03.2011 (Msr)