IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 26562 of 2007 Between: Mr.Mohamed Mujed S/o.Mohammed Abdul Haffez, R/o.Flat No.201, Pratima Apartments, Hyderguda, Hyderabad. ..... PETITIONER AND Tahasildar, Shaikpet Mandal, Hyderabad. .....RESPONDENT 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 grant an order, direction or writ, more so in the nature of Writ of Mandamus declaring the action of the respondent in interfering with the petitioners property and trying to dispossess the petitioner without any proceedings or order from the competent authority is illegal, arbitrary, high handed, and violative of principles of natural justice apart from violative of Article 14, 19 and 300-A of the Constitution of India and consequently direct the respondent or his officials not to interfere with the petitioners property bearing Municipal No. 8-2-602/D/3 & 4/B on Plot No. 2-B in Survey No. 129 Old, Road No.10, Banjara Hills, Hyderabad and pass such other order or orders. Counsel for the Petitioner:MR.C.V.BHASKAR REDDY Counsel for the Respondent : GP FOR REVENUE The Court made the following : ORDER: The petitioner seeks a writ of mandamus declaring the action of the respondent in interfering with his property and trying to dispossess him without any proceedings or order from the competent authority, as illegal and arbitrary and consequently to direct the respondent or his officials not to interfere with his property bearing Municipal No. 8-2- 602/D/3 & 4/B on Plot No. 2-B in Survey No. 129 Old, Road No.10, Banjara Hills, Hyderabad. It is the case of the petitioner that he purchased an extent of 562 square yards bearing Municipal No. 8-2-602/D/3 & 4/B on Plot No. 2-B in Survey No. 129 Old, Road No.10, Banjara Hills, Hyderabad vide registered sale deed No.5138 of 2006, dated 10.10.2006 before the Joint Sub-Registrar Office, Hyderabad. The learned Government Pleader appearing for the respondent submits that as per the records land in question is a vacant government land in T.S.No.6, Block-M, Ward No.11 of Shaikpet village and no municipal number or premises number is assigned to the said land and the State represented by the Mandal Revenue Officer, Shaikpet filed LGC No.18 of 1990 against one Dr.Sudha and others and the said case was decreed on 03.05.1996 in favour of the government and the said judgment was also confirmed by this Court. It is further stated that one Smt.B.Shashikala also filed suit in O.S.No.145 of 2007 and the same is pending on the file of the Chief Judge, City Civil Court, Hyderabad. In view of the aforesaid facts of the case, I am not inclined to express any opinion with regard to the merits of the case and the rival contentions. The disputed facts of questions cannot be decided in the writ petition as to whether the claim of the petitioner is one and the same i.e. the subject matter of LGC No.18 of 1990 as it is for the petitioner to resolve the disputes before the appropriate Civil Court. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:25.02.2008 ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR} Ccm