THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 16147 OF 2011 Date of Judgment: 12.6.2014 Between:
Jahan Ara Begum and another …Petitioners And The District Collector, Hyderabad and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 16147 OF 2011 ORDER:
Heard learned counsel for parties.
The petitioners claim that they are the owners and possessors of 1230 sq. yards including old structures of mulgies bearing MCH Nos. 5-3-949, 5-3-950, 5-3-951 and 5-3-952 situated at Shankar Bagh Mozamjahi market, Hyderabad. They claim that they have obtained decrees from the competent civil Court against the authorities of Public Works Department and applied for mutation of their names in the town survey records and a representation was also last made by them before the first respondent on 4.6.2011, and alleging inaction on his part, this writ petition is filed.
Apparently the claim made by the petitioners for seeking correction of entries in town survey records is governed by the Andhra Pradesh Survey and Boundaries, Act, 1923 and as per Section 14 of the said Act the proper remedy available for the petitioners is to approach the competent civil Court, but invoking the jurisdiction of this Court under Article 226 of the Constitution of India is, therefore, neither justified nor appropriate.
Hence, while giving liberty to the petitioners to take appropriate proceedings, the writ petition is disposed of. Miscellaneous applications, if any, shall stand closed. No costs.
VILAS V. AFZULPURKAR, J Dt. 12.6.2014 KR