DR.LANKA SUNITA Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) The present writ appeal is arising out of order dated 21.01.2008 passed in W.P.No.23949 of 2006 by the learned Single Judge.

(2.) The facts of the case reveal that the appellant/writ petitioner preferred a writ petition against respondent Nos.3 and 4 therein/The Mandal Revenue Officer, Himayatnagar Mandal, Hyderabad and Municipal Corporation of Hyderabad, alleging that the boundary wall and its adjacent rooms of the petitioner 's house bearing municipal No.3-6-369/B/38, Road No.1, Himayat Nagar, Hyderabad, have been illegally demolished and the property has been taken by the respondents for constructing a road. A prayer was made to restore the land to the petitioner and to pay damages. Reply was filed in the matter by the State and it was stated by the State Government that the land in question is a Government land. The learned Single Judge has dismissed the writ petition. The operative paragraph of the order of the learned Single Judge is as under:

(3.) The learned Single Judge has dealt with the proceedings initiated by the respondents under the Andhra Pradesh Land Encroachment Act, 1905, and keeping in view the fact that the land has been taken over and used for the purpose of road widening, has not interfered in the matter specially keeping in view the disputed question of title between the parties. The State was claiming the land to be a Government land and the petitioner therein was claiming it to be a private land. The learned Single Judge has held that in case of a dispute relating to title, the appropriate remedy is to approach the civil Court.