A writ petition is not maintainable for resolving disputes involving title and possession of immovable property and disputed questions of fact, especially when a civil suit is already pending between the parties to determine their rights.

ORDER

This Writ Petition is filed seeking to issue a writ of Mandamus declaring the action of respondent No.4 in issuing Pattadar Passbook and Title Deed bearing No.T06060010001 and Khata No.60097 vide Memo B/2112/2019 Dated 17/01/2020, and entertaining 1B-ROR Mutations vide Proceedings No.MUT/06/06/00001/2020 dated 29/01/2020 and Dharani Transaction No.2000030940 in favour of the Respondent No.5 in respect of the petitioners’ lands admeasuring Acs.5-00 gts in Survey Nos.318 and 319/2 situated at Jawaharnagar Municipal Corporation Kapra Mandal, Medchal-Malkajgiri District (hereinafter referred to as ‘the subject lands’) during the pendency of the Civil Suit and without following the due process of law, as illegal, arbitrary and unconstitutional.

2. Heard Smt. B.Sapna Reddy learned counsel for petitioners, learned Assistant Government Pleader for Revenue, and Sri Pushadapu Subba Rao, learned counsel for respondent No.5.

3. The facts of the case, shorn-off unnecessary details, as averred in the writ affidavit, are that the petitioners’ grandfather, Syed Suleman, who was an ex-serviceman, was allotted land admeasuring Acs.3.12 gts in Sy.No.318, Acs.3.05 gts in Sy.No.319 and Ac.1.11 gts in Sy.No.646, total Acs.7-28 guntas, situated at Jawaharnagar Municipal Corporation, Kapra Mandal, Medchal-Malkajgiri District, by Jawaharnagar Co-Operative Land Colonization Society; that as he was not granted pattadar passbook in respect of the said lands, he filed a writ petition-W.P.No.16393 of 1994 and the said Writ Petition was disposed of with direction to revenue authorities to consider the case of Syed Suleman for grant of patta; that subsequently, alleging that the said order was not complied with, the said Syed Suleman filed CC.No.849 of 1995; that pursuant to the orders passed in the said Contempt Case, patta certificate No.B6/195/76 dated 19.02.1996, covering land to an extent of Acs.3-12 guntas in Sy.No.318 and Acs.1-28 guntas in Sy.No.319/2, was issued in his favour along with a sketch plan; however, as the extent of land granted under the said patta certificate was only Acs.5-00 guntas, instead of the actual allotted land of Acs.7-28 guntas, the same which was accepted under protest.

3.1. It is further averred that as per the terms of patta certificate, the lands covered thereunder are heritable, but not alienable; that after the death of Syed Suleman, pattadra passbooks and title deeds were issued to his wife, i.e., petitioners’ grandmother-Kaneez Fatima Begum; and that after her death on 15.02.2010, the petitioners have been in physical possession and enjoyment of the subject lands along with the remaining land allotted to Syed Suleman.

3.2. It is further averred that while so, in the first week of August 2011, respondent No.5 tried to dispossess the petitioners claiming that their grandmother executed registered sale deed in his favour in respect of the subject lands; that the petitioners submitted a representation dated 04.09.2011 to the Revenue Divisional Officer, Ranga Reddy District, complaining the action of respondent No.5 in attempting to dispossess them from the subject lands; that aggrieved by the inaction of the RDO on the said representation, the petitioners filed W.P.No.1520 of 2012 before the erstwhile High Court of Andhra Pradesh, however, the Court did not entertain the said writ petition, observing that the appropriate remedy for the petitioners was to approach the civil court for enforcement of their rights; and that accordingly, the petitioners filed a suit in O.S.No.1408 of 2014 before the City