THE HON’BLE SRI JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.21602 OF 2002 Dated 6th February, 2008 Between: Mohd Munnawar Hussain …Petitioner And Municipal Corporation of Hyderabad And another …Respondents THE HON’BLE SRI JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.21602 OF 2002 O R D E R: This writ petition is filed seeking a declaration that the action of the second respondent in preventing the laying of a road by the first respondent at Green Palace Function Hall, Kurmaguda, Saidabad, Hyderabad is illegal and arbitrary. Along with the writ petition, the petitioner filed WPMP No.27045 of 2002 seeking an interim direction to the first respondent to proceed with the laying of the road. By the order dated 28-11-2002, a learned Judge observing that inasmuch as the counter-affidavit of the second respondent shows that the place where the proposed road is to be laid belongs to Jails Department of the Government and as the interim order obtained by the A.P. Wakf Board filed in O.S.No.67/2002 before the A.P.Wakf Tribunal was vacated on 18-09-2002, dismissed the WPMP, so it is clear that petitioner did not have the benefit of any interim order in this petition. In view of the counter-affidavit filed on behalf of the second respondent claiming that the land in question belongs to Jails Department, and as disputed questions cannot be gone into a writ petition, the remedy of the petitioner, if any, is to approach a civil Court for obtaining the declaration sought. Hence, the writ petition is dismissed. No costs. __________________ C.Y.Somayajulu,J Dated 6th February, 2008 vrn