IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 19093 of 2008 Between: 1 R. Vidya Prabhakar, S/o. R. Benjamin, R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 2 B. Mallesh Reddy S/o Butchi reddy R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 3 B. Anjamma W/o Rajamallu R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 4 K.V. Narender S/o K.Viswanadham R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 5 Smt. R. Lalitha W/o R. Vidya Prabhakar R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 6 Ms. G. Padma D/o g. Lazarus, R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 7 V. Samuel, S/o Devadanam R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 8 Smt. M.V.Victoria, W/o Sri M.D. Vivekananda, R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 9 S.P. Abraham S/o of S. Bagaiah R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 10 L. Asuntha W//o L. Peter R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 11 B. Shankar Rao S/o Pentaiah R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 12 Ms. Kalavathi D/o M. Satyanandam, R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 13 P. Vijaya laxmi W/o P. Ramesh R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 14 Shaik Mahbub Ai s/o Shaik Ibrahim R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 15 M. Prakasham S/o M.Mohan R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 16 B. Rajamallu S/o Venkataiah R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 17 Smt. Prabha Agarwal, W/o Kanchan Kumar Agarwal R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 18 C.Mahesh S/o C. Rajaiah R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 19 A. Swamidas, S/o A. Narsappa R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 20 K.R.Babu Rao S/o A. Ramaiah R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. 21 A. Rajrathnam S/o Late Rajanna R/o. Mallikarjuna Nagar, Malkajigiri, R.R. District. ..... PETITIONERS AND 1 The Spl. Officer & Compentent Authority, Urban Land Ceiling, Hyderbad, Office at IIIrd Floor, Chandra Vihar, M.J. Market Road, Nampally, Hyderabad. 2 The Govt. of A.P. Rep by its Revenue Secretary, Secretariat Buildings, Hyderabad. .....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 order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondent No.1 in issuing the Notices Lr.No. F1/9541 to 9543/76, dt. 21-8-2008, as illegal, arbitrary, and against the principles of natural justice and set-aside the above said notices, dt. 21-8-2008 and consequently direct the respondents not to take the possession of the petitioners residential houses in Sy.Nos.868, 867/1 and 869, at Mallikarjuna Nagar, Malkajgiri, R.R. District. Counsel for the Petitioners:MR.J.SOMASUNDARAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.19093 of 2008 ORDER: The petitioners state that they have purchased the house plots situated in Survey Nos.868, 867/1 and 869 of Mallikarjuna Nagar, Malkajgiri, R.R. District, from its original owners, constructed houses and residing therein by paying taxes regularly to the Municipality. While so, it is the case of the petitioners that the 1st respondent has issued the notice dated 21.08.2008, calling upon them to ﬁle applications for regularization of their possession over the plots in question in terms of G.O. Ms. No. 747, dated 18.06.2008. Assailing the said notice, the petitioners ﬁled the present writ petition contending that the plots purchased by them do not fall within the surplus land as determined by the Government, and as such, there is no need for them to ﬁle any application for getting their occupation regularized, and the action of the 1st respondent in issuing the impugned notice is arbitrary and illegal. When the matter is taken up for admission, the learned Government Pleader for Revenue appearing on behalf of the respondents submitted that the impugned notice is only a show cause notice, calling upon the petitioners to avail the beneﬁt of regularization in terms of G.O. Ms. No. 747, dated 18.06.2008, and they are at liberty to submit their explanation/reply to the said show cause notice, and if any such explanation/reply is ﬁled, the 1st respondent shall certainly consider the same and pass appropriate orders thereon. In view of the submission made by the learned Government Pleader, without going into the merits of the matter, I deem it appropriate to dispose of the writ petition with the following directions: The petitioners are at liberty to submit their explanation/reply to the impugned show cause notice, and if any such explanation/reply is submitted by the petitioners, the 1st respondent shall consider the same and pass appropriate orders thereon in accordance with law, and communicate copy of the same to the petitioners. Accordingly, the writ petition is disposed of. No costs. ______________ N.V.RAMANA,J 04.09.2008 V V/VGB