IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 13653 of 2005 Between: Mohd.Neamathullah, s/o Mohd.Ahmedullah, GP Holder of Sameena Khan, d/o Mohd.Ghaziuddin Khan, Road No.12, Banjara Hills, Hyderabad, r/o Plot No.1094, Road No.41, Jubilee Hills, Hyderabad. ..... PETITIONER AND 1 The Director General Defence Estates, Govt. of India, Ministry of Defence, West Block-4, R.K.Puram, New Delhi-66. 2 Director Defence Estates, Ministry of Defence, Southern Command, Pune-I. 3 The Defence Estates Officer, Andhra Pradesh Circle, Secunderabad-500 003. 4 The District Collector, Nampally, Hyderabad. 5 Special Deputy Collector, Land Acquisition(General), Hyderabad 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 a writ, order, or direction more particularly one in nature of writ of mandamus direct the respondents to consider and dispose off the representation of the petitioner dt.22-1-2000 and dt.10-11-2004 within 4 weeks from today and consequently declare the inaction of the respondents in paying compensation as per Land Acquisition Act, as bad in law and violative of Art.300A of Constitution of India for the Lands in Sy.No.33, Kakaguda, Maredpally (Paiga) Village, Secunderabad Cantonment, Secunderabad, in the interest of justice and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: Mr.B.SUDHAKAR REDDY & ASSOCIATES Counsel for the Respondents : GP FOR REVENUE The Court made the following : ORDER: Heard learned counsel appearing for the petitioner as well as the learned Government Pleader for Revenue appearing for the respondents. 2. Petitioner claiming to be the GPA holder of one Sameena Khan, D/o Ghaziuddin submits that the land of an extent of Ac.32.06 guntas in Sy.No.33, situated in Kakaguda, Marredpally (Paiga) village, Secunderabad Cantonment belongs to Sultan Jahan Begum and she died on 14-08-1984 and the said Sultan Begum gifted the said property to the said Sameena Khan. It is stated that the petitioner made a representation before the respondents to pay compensation as the said land is said to have been forcibly occupied by the Defence Ministry for the purpose of defence ministry activities, but no action has been taken so far. Hence, the present Writ Petition. 3. Respondents 4 and 5 filed a counter stating that no such representation, dated 22-01-2000 and 10-11-2004, was received by them and pending and the averments made in the petition are not correct. 4. 3rd respondent filed a counter stating that the so-called original owner-Sultan Jahan Begum is said to have died on 14-08-1983 whereas the Urban Land (Ceiling and Regulation) Act, 1976 ( for brevity, ‘the Act’) came into force in the Cantonment of Secunderabad in the year, 1976 itself and neither the Sultan Zahan Begum nor the said Sameena Khan filed any declaration under the provisions of the Act and no title deed or gift deed has been filed and therefore the question of considering any representation or claiming right, title of the petitioner does not arise. 5. In the absence of filing any declaration, if they had really any right, title, the question of paying compensation or considering the representation does not arise. Writ Petition is bereft of any material particulars and without any basis. 6. Accordingly, Writ Petition is dismissed with costs. _________________ V.ESWARAIAH,J 10th March, 2008 Tsy