THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 1479 of 2010 04.02.2010 Between: Chukka Appala Reddy …… Petitioner and The Commissioner, Greater Visakha Municipal Corporation, Visakhapatnam & others ….. Respondents THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No. 1479 of 2010 O R D E R: In this Writ Petition, the petitioner seeks a mandamus to declare the action of the respondents in constructing the stadium, by encroaching into the land of the petitioner, admeasuring Ac.1.20 cents situated in Survey No. 64/11D of Pedagantyada Village, as arbitrary and illegal. On instructions, Sri N. Ranga Reddy, learned Standing Counsel for Greater Visakha Municipal Corporation, submits that the stadium is being constructed in the land admeasuring Ac.4.00 covered by Survey Nos. 64/11A, 64/16a and 153/7a of Pedagantyada Village. He further submits that the said land was in possession of Visakhapatnam Steel Plant and now the same was handed over to Greater Visakhapatnam Municipal Corporation by the Tahasildar, Pedagantyada Mandal. In view of the submissions made by the learned Standing Counsel, the only question that arises for consideration is whether the stadium is being constructed by the respondent Corporation by encroaching into the portion of the land covered by Survey No. 64/11D. But however, I am of the opinion that while exercising writ jurisdiction, under Article 226 of the Constitution of India, this Court is not under obligation to resolve such factual disputes. Therefore, leaving it open to the petitioner to pursue other remedies available to him under law, the Writ Petition is dismissed. There shall be no order as to costs. ---------------------------- (R. SUBHASH REDDY, J) 4th February 2010 Note: Issue CC in three days. ksld