HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8114 of 2008 Date : 28.07.2011 Between : B. Bhasker Yadav. …..Petitioner And The District Collector, Hyderabad & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8114 of 2008 ORDER: In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondents in taking steps for his eviction from the house bearing No.11- 1-1182/13/10/A, as illegal and arbitrary. It is the case of the petitioner that he is the owner and possessor of the land admeasuring 294 sq. yards, situated at Afzal Sagar, Mallepally, Hyderabad. It is stated that he has purchased the said property from its earlier owner one Sayeed Mohammed through a registered sale deed bearing document No.978 of 2007, dated 21.02.2007. In the writ petition, it is the grievance of the petitioner that the respondents have visited and attempted to demolish the compound wall of his house, without following due process of law. It is alleged that no notice is given to him before taking steps for demolition, as such, the same is illegal and arbitrary. Counter affidavit is filed by the 2nd respondent- Tahsildar, Asif Nagar Mandal. In the counter, it is stated that Sy.No.166 of Mallepally village is classified as Shikam Afzal Sagar Sarkari in pahani and that in column No.10, it is recorded as Sarkari and in column No.20, it is recorded as Government land. The respondents have denied existence of any house number as 11-1- 1182/13/10/A in the Municipal records and that the petitioner has no municipal permission. It is further stated that when the petitioner was trying to grab the land by digging pits for raising columns, on noticing such illegal activity, staff of Municipal Corporation have prevented such encroachment. Though the petitioner is claiming that he is the owner of the above said house by virtue of his purchase from the earlier owner, the same is denied in the counter and it is stated that no such house number is existing in the Municipal records and the land covered by Sy.No.166 of Mallepally village is Shikam of Afzal Sagar. In view of the said stand of respondents, except the factual dispute, no other question arise for adjudication in this petition filed under Article 226 of the Constitution of India. When there is such dispute with regard to title and possession, it is for the petitioner to approach the common law Courts and establish the same by cogent evidence, but when the title of the petitioner itself is denied, no direction can be granted as prayed for. As much as this Court granted orders of status quo by order dated, 15.04.2008, I deem it appropriate to continue the said order for two months from today and liberty is given to the petitioner to establish his title over the property in question, before competent forum. Subject to the above observation, this writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 28th July 2011 ajr