IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24485 of 2008 Between: Esa Bin Ibrahim, S/o. Ibrahim Bin Hassan, R/o. H.No. 18-11-100, Barkas, Chandrayanagutta, Hyderabad. ..... PETITIONER AND 1 The District Collector, Ranga Reddy District at Hyderabad. 2 The Revenue Divisional Officer, East Division, Ranga Reddy District. 3 The Mandal Revenue Officer, Saroornagar Mandal, Ranga Reddy District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue any appropriate Writ, Order or direction preferably a Writ in the nature of Writ of Mandamus, declaring the action of the respondents in seeking to evict the petitioner from the property i.e., land bearing Sy.No.99 admeasuring Ac. 4.00 gts. of Mamidipally Village, Saroornagar Mandal, R.R. District otherwise than due process of law as being illegal, arbitrary, against the principles of natural justice and without jurisdiction and consequently direct the respondents and consequently stay of eviction of the petitioner from the said property and to pass such further or other orders as this Hon’ble Court deems fit and proper. Counsel for the Petitioner: SRI K.RAGHUVEER REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24485 of 2008 ORDER: The petitioner seeks a writ of mandamus declaring the action of the respondents in seeking to evict him from the land admeasuring Acs.4.00 in survey No.99 situated at Mamidipally Village of Saroornagar Mandal in Ranga Reddy District (hereafter called, petition schedule land), without due process of law as illegal and arbitrary. He also seeks a consequential injunction restraining the respondents from dispossessing him. The petitioner alleges that his father purchased the petition schedule land under registered sale seed dated 24.08.1956 and got his name mutated in the revenue records. Petitioner’s father also applied to the third respondent for alteration of records under Section 5(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. By proceedings dated 29.09.2003 the third respondent ordered to incorporate the name of the petitioner’s father in the revenue records. The petitioner alleges that on 23.10.2008 respondents attempted to take possession of petition schedule land without issuing any notice. Therefore, the petitioner got issued a notice under Section 80 of the Code of Civil Procedure, 1908, on 28.10.2008, and thereafter, filed the instant writ petition. At the stage of admission itself, learned Assistant Government Pleader for Revenue (General-TA) has placed before this Court a copy of the common order dated 09.08.2007 in W.P.Nos.1278 and 1328 of 2007, wherein this court while observing that the disputed question of fact with regard to ownership of the land in survey No.99 cannot be gone into in writ petition, dismissed the same. In the said writ petition it was also held that the land in survey No.99 was acquired by the Government of Andhra Pradesh for forest purposes by paying compensation to the owners of the land i.e., legal heirs and successors of Nizam, as the property in survey No.99 (corresponding to old survey Nos.22/1 and 126) formed part of the property estate of Nizam. Liberty was given to the petitioners therein to seek a declaration in civil Court. Following the above judgment, this writ petition is also dismissed giving liberty to the petitioner to adjudicate for his rights in the civil Court. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 18.11.2008 vs To 1 The District Collector, Ranga Reddy District at Hyderabad. 2 The Revenue Divisional Officer, East Division, Ranga Reddy District. 3 The Mandal Revenue Officer, Saroornagar Mandal, Ranga Reddy District. 4 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 5 2CD copies Form-NIC-OGS/WP{SPJS}