IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9443 of 2001 Between: 1 N.R.Srinivas, S/o Rameshwar, R/o J-11 Secunderabad. 2 P.Nagesh, S/o Muttaiah R/o 33-86/1 Ramkrishnapuram, R.R.District. 3 E.Raj Kumar, S/o Esrulal R/o Ramakrishnapuram, R.R.District. 4 P.Mohan Raj, S/o P.Krishna, R/o Ramakrishnapuram, R.R.District. 5 M.Mohan, S/o M.Laxminarayana R/o Ramakrishnapuram, R.R.District. 6 G.Anand, S/o G.Narayana R/o Ramakrishnapuram, R.R.District. 7 P.S.S.Srinivas, S/o Govardhan R/o Malkajgiri, R.R.District. 8 B.Srinivas, S/o B.Mallesh R/o 33-86/1, Officers Colony, R.K.Puram R.R.District. 9 Smt. P.Laxmi Devi, W/o P.Krishna R/o Ramakrishnapuram, R.R.District. 10 N.R.Pandu, S/o N.Rameshwar, J-11, Secunderabad, 11 P.Ganesh, S/o Mallesh R/o B/14/S/J, R.R.Puram, R.R.District. 12 N.L.Venkat Rao, S/o Laxman Rao, R/o R.K.Puram, R.R.District. 13 N.R.Narsing Rai, S/o N.Rameshwar J-11, Secunderabad, ..... PETITIONER(S) AND 1 The Commissioner, Khapra Municipality, Khapra, R.R.District. 2 The Vice-Chairman, H.U.D.A Begumpet, Hyderabad. 3 The Collector, Ranga Reddy District. Hyderabad. 4 The Mandal Revenue Officer Keesara Mandal, R.R.District. 5 The Chairman, Khapra Municipality R.R.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 may be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or directions against the Respondents, declaring that the action of the Respondents, particulars the Respondents 1 and 5, in seeking to interfere and alter the nature of the lands in Sy.No. 633/A, area 3 acres 27 guntas, Sy.No.guntas, Sy.No..633/B area 1 acre 32 guntas, Sy.No. 631/A areas 1 acre 8 guntas, Sy.No.631/A/2, area 3 acres, Sy.No.631/A/3, area 6 acres, Sy.No.631/A/4, area 6 acres 3 guntas, Sy.No.632/A, area 6acres 39 guntas, Sy.No.632/B, area 6acres 20 guntas, Sy.No.632/C, area 6 acres 3guntas, Sy.No.594/B, area 8 acres, Sy.No.594/A area 6 acres 22 guntas, Sy.No.593/A, area 2acres 23 guntas, Sy.No.631/A, area 2 acres 9 guntas, Sy.No.593/B, area 7 acres and Survey No.593/C, area 7 acres. situated at Village: Khapra, Keesara Mandal, Ranga Reddy District, is arbitrary and illegal. Counsel for the Petitioners: MR.C.GOPAL REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9443 of 2001 ORDER: Heard both sides. It is the case of the petitioners that they are the owners of various extents of lands in Sy.Nos.631, 632, 633 and 593 situated at Khapra village, Keesara Mandal, Ranga Reddy District, having purchased the same from the original pattadars and their names were also mutated in the revenue records. It is stated that the respondents are illegally interfering with the peaceful possession and enjoyment of the said lands without following the due process of law. A counter has been ﬁled stating that the petitioners are the owners of various extents of lands in Sy.Nos.631, 632, 633 and 593 situated at Khapra village, Keesara Mandal, Ranga Reddy District, and pattadar pass books were also issued in their favour. It is stated that the possession of the petitioners was not at all interfered with. It is stated that abutting to the said lands, there is a Kapra Tank, which is covered by Sy.Nos.690 and 691 of Khapra Village. As the Government aimed at beautiﬁcation of Khapra Tank, which is situated within the municipal limits of Khapra Village, joint survey was conducted to ﬁnd out the area to be beautiﬁed. It is stated that if any part of the land of the petitioners is required, the same will be acquired after following the due process of law. But, so far, the respondents have not taken any action to interfere with the peaceful possession and enjoyment of the petitioners lands. Having regard to the facts and circumstances of the case, I am of the opinion that it is just and proper to direct the respondents not to dispossess the petitioners from the lands in question without following the due process of law. Accordingly, the writ petition is disposed of directing the respondents not to dispossess the petitioners from the lands in question without following the due process of law. There shall be no order as to costs. ___________ 22-08-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSKM}