Writ jurisdiction is inappropriate for adjudicating disputes regarding property titles; such matters should be resolved through civil courts.

ORDER :

1. W.P.No.20581 of 2015 is filed with the following prayer:

“… to issue a writ, order or direction more particularly one in the nature of Writ of mandamus declaring the high handed action of the 3^rd respondent in trying to interfere and demolish the room under house bearing Municipal No.1-9-898/A/1, admeasuring 150 sq. yards situated at Adikmet, Hyderabad, without issuing any prior notice to the petitioner or without following the procedure contemplated under law, as illegal, arbitrary, unjust, unconstitutional, in violation of principles of natural justice and also as against the provisions of A.P. Land Encroachment Act, 1905, and consequently direct the respondents 2 and 3 not to interfere into peaceful possession and enjoyment of the petitioner over the subject property, without following the procedure contemplated under law, and to pass such other order or orders as this Hon’ble Court may deems fit and proper in the circumstances of the case.”

2. W.P.No.24769 of 2015 is filed with the following prayer.

“… to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in erecting the notice board in the petitioner's vacant land in an extent of 875 sq. feet equivalent to nearly 100 sq. yards in the municipal No.896 (9-1-896) old ARP.No.323, cancus No.260, over land in Sy.No.42/2 & 4, Zamisthanpur Taluk, Bhagat District, Hyderabad, situated at Adikmet, Opp. Railway line, Signal Station, Osmania University, Hyderabad, as illegal, arbitrary and violation of Articles 14, 16, 19, 21 and 300-A of Constitution of India, consequently direct the respondents to remove the notice board from the schedule property and not to interfere with the petitioner's peaceful possession and enjoyment of the land in an extent of 875 sq. feet equivalent to nearly 100 sq. yards in the municipal No.896 (9-1- 896) old ARP.No.323, cancus No.260, over land in Sy.No.42/2 & 4, Zamisthanpur Taluk, Bhagat District, Hyderabad, situated at Adikmet, Opp. Railway line, Signal Station, Osmania University, Hyderabad, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. Heard Mr. Mohd. Moin Ahmed Qureshi, learned counsel for petitioner in W.P.No.20581 of 2015; Mr. P. Vinayaka Swamy, learned counsel for petitioners in W.P.No.24769 of 2015; learned Assistant Government Pleader for Revenue for respondents.

4. Issue involved in both the writ petitions is common (with respect to subject property), hence both the writ petitions are being heard together.

5. Respondent Nos.4 to 14 in W.P.No.20581 of 2015 are petitioners in W.P.No.24769 of 2015.

6. Brief facts in W.P.No.20581 of 2015:

Petitioner – Masjid-e-Mohammadia claims to be the lawful owner and possessor of house bearing No.1-9-898/A/1 admeasuring 150 sq. yards situated at Adikmet, Hyderabad, having acquired the same vide a registered Gift Settlement Deed dated 30.08.2001. (Settlor one Syed Adbdul Hakeem and the Settlee is Masjid-e-Mohammadia represented by A.R. Mohd. Sajid). In the Deed, it is stated that Settlor inherited the property from his ancestors. By a registered Rectification deed, dated 25.01.2011, petitioner sought to rectify the source of title stating that a total area of 1786 sq. yards was purchased by his father (late Syed Abdul Qadeer). Grievance of petitioner is that, respondent No.3 is claiming the subject property to be Government land, and coercive steps are being initiated to evict the petitioner.

7. Brief facts in W.P.No.24769 of 2015:

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