Writ jurisdiction under Article 226 is not an appropriate forum for adjudicating complex factual disputes regarding land title, boundary identification, and possession, particularly when such matters are already sub-judice before a competent civil court.

O R D E R:

Petitioner, aged about 58 years, engaged in business, and residing at H.No.6-3-1100/1/R, Jayaraja, Somajiguda, Hyderabad, claims to be one of the co-owners and possessors of land admeasuring 6413 square yards in Survey No. 844/1, Block No. 17, situated at Malkajgiri Village, GHMC, Malkajgiri Circle and Mandal, Ranga Reddy District. He challenges the action of Respondents 2 and 3 – Cantonment Board in granting permission to Respondents 4 and 5 in respect of Plot Nos. 14, 15 and 16, Rev. Sy. No. 74/3, Seva Mandal Society Ltd., Mahendra Hills, East Marredpally, Secunderabad Cantonment, admeasuring 975.48 square meters and 1337.79 square meters respectively, notwithstanding the complaint and objections submitted by him requesting the authorities not to grant such sanction.

1.1. It is stated, petitioner along with Smt. Saritha Kothari, Smt. N. Bharathi, Avinath Jain, Pavan Kumar Kothari and Priyanka Kothari, are the absolute owners and possessors of land admeasuring 6413 square yards in Survey No. 844/1, Block No. 17, situated at Malkajgiri Village, GHMC, Malkajgiri Circle and Mandal, Ranga Reddy District. The said property was purchased by them under a registered sale deed dated 27.07.2013 from Mr. D. Laxaminarayana. It is their complaint that respondents are attempting to encroach upon their land by wrongly claiming the same as land falling in Survey No. 74/3, and such acts of encroachment were being attempted even prior to the purchase of property by Petitioner.

1.2. In view of such attempts, it is stated, the vendor of Petitioner, namely Mr. D. Laxaminarayana, had made several representations to the revenue authorities seeking demarcation of land in Survey No. 844/1 and for taking action against land grabbers in Survey No. 74, and pursuant thereto, vide G.O.Rt. No. 930 dated 21.07.1987, a meeting was convened on 22.09.1987 by the revenue authorities and an interim report was submitted to the Government on 29.09.1987. The Commissioner of Land Revenue, in the said report, recommended transfer of Acs.46.00 of overlapped area to Survey No. 844/1 of Malkajgiri by following due procedure through the Collectors of Hyderabad and Ranga Reddy Districts. On 05.09.2012, the said Laxaminarayana obtained a certificate from the Deputy Collector, Malkajgiri, Ranga Reddy District, declaring Mr. D. Sataiah as pattadar to an extent of Acs.54.12 guntas in Survey No. 778 corresponding to new Survey No. 844/1 of Malkajgiri, and further recognizing Sri Laxaminarayana as successor to his great grandfather late Bala Kistu Darji vide proceedings No. 148/2012.

1.3. After purchase of the said property, petitioner made a requisition to the revenue authorities for mutation of land in the names of Petitioner and other co-owners, and in this regard, the Tahsildar, Malkajgiri submitted the report dated 05.02.2014 to the District Collector, Ranga Reddy along with a rough sketch, which was further submitted to the Special Deputy Collector and Revenue Divisional Officer, Malkajgiri on 30.05.2014, and thereafter, the District Collector vide proceedings No. E2/2197/2012, forwarded the matter to the Special Chief Secretary and Chief Commissioner of Land Administration, Hyderabad.

1.4. Petitioner submitted representation dated 12.04.2017 to the Chief Executive Officer, Cantonment Board, Secunderabad, requesting not to grant construction permission to Respondents 4 and 5, who were allegedly making a wrongful claim over the land by treating it as falling in Survey No. 74 instead of Survey No. 844/1. The Collector and District Magis