The court held that disputes over property ownership and title cannot be resolved under Article 226 of the Constitution and must be addressed in civil court.

ORDER :

J. Sreenivas Rao, J.

This writ petition is filed for the following relief:

“For the reasons stated in the circumstances above, the petitioner herein prays that this Hon’ble High Court may be pleased to issue appropriate orders one in the nature of Writ of mandamus declaring the inaction of the official respondent Nos.1 to 4 in not taking action against the respondent Nos.6 to 9 and resuming the land of the respondent No.5 in Sy. No.461 admeasuring Ac.14-29 gts of Pallaburgu, Narayanpet Town, Mahabubnagar District in pursuance of the representations of petitioners dated 18.7.2017 & 24.8.2017 and failing to hand it over to the respondent No.5 is arbitrary, illegal, against the principles of rules of law and natural justice and pass such other suitable orders for which respondent No.5 will legally entitle in law consequently direct the respondent No.1 to 4 to initiate criminal action against the respondent Nos.6 to 9 for trespass and recover the damages for holding land of the 5th respondent into their illegal custody and pass such other necessary order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case and in the interest of justice.”

2. Brief facts of the case:

2.1 The petitioners averred that they are practising advocates and senior citizens of Narayanpet Town and Mandal of Mahabubnagar District, conducted extensive inquiries, gathered information from various authorities, and lodged complaints with the official respondents regarding the illegal actions committed by respondent Nos. 6 to 9 by obtaining a false and collusive decree from the Courts behind the back of respondent No.5, have illegally occupied part of the land admeasuring Ac.14-29 guntas in Sy.No.461 situated at Pallabuzrug Shivar, Narayanpet town, Mahabubnagar district, which belongs to respondent No.5 and making illegal constructions thereon. Though the petitioners made representations dated 18.07.2017 and 24.08.2017 to respondent Nos.1 to 5 for safeguarding the property, they have not taken action for resuming the said land from the respondent Nos.6 to 9.

2.2 It is further averred that prior to 1970, a Government High School was existing in Narayanpet, Mahabubnagar District and some well-wishers and elders of the area wanted a Government Junior College and made requests to the Government. The authorities asked them to form a society and donate land and money to convert the High School into a Junior College. Then elders of Narayanpet formed a society by name, Vidya Vardhak Samithi, Government Junior College, Narayanpet and purchased Ac.14.29 guntas of land in Survey No.461 at Pallabuzurg area of Narayanpet proper, through a registered sale deed, in the name of the Government Junior College, Narayanpet from its lawful owner and possessor by name Sri Raghunath Rao Antoo, s/o Manik Rao Antoo of Narayanpet, with sole intention to get sanction the Government Junior College at Narayanpet proper.

2.3 It is also averred that the Government has sanctioned Junior College, with some conditions to donate land and deposit funds in the bank in the name of the college. The then District Educational Officer, Mahabubnagar, informed the concerned Principals, including the Principal of Government Junior College, Narayanpet to submit the details of the purchased land and the amounts to be deposited. The Principal sent the particulars, showing the purchased land of Ac.14.29 guntas and the deposit of Rs.25,000/- in the State Bank of Hyderabad, Narayanpet Branch for sanction of Government Junior College, by forming into a committee by name M/s Vidya Vardhaka Samithi, Government Junior College, Narayanpet, making the Government as owner of the said land.

2.4