IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO. 929 OF 2004 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 09.04.2004 in WP No. 5777 of 2004 on the file of the High Court.) Between: Smt. Nayyer Khan and another ..... APPELLANTS AND The Commissioner, Municipal Corporation of Hyderabad, Municipal Complex, Lower Tank Bund Road, Hyderabad and others. .....RESPONDENTS The Court made the following : ORAL JUDGMENT: (per the Hon’ble Smt. Justice T.Meena Kumari) The writ petitioner is in appeal before us aggrieved by the order dated 09.04.2004 made in W.P. No.5777 of 2004 dismissing the same. The appellants filed the above writ petition seeking a writ of mandamus to declare the action of the first respondent in attempting to dispossess them from plot Nos. 77/15 and 16 and 77/14 in Sy. No. 102/3, Hakeempet village, Golkonda Mandal, located at Road No.12, Banjara Hills, Hyderabad, admeasuring 1000 and 500 Sq. Yards respectively as illegal and arbitrary. The case of the appellants is that the first appellant is the owner of the plot Nos. 77/15 and 16 by virtue of the Gift Deed dated 7.12.1979 while the second appellant being legal heir of his father, claims ownership of the plot No. 77/14 by virtue of the gift deed dated 7.12.1979 in the name of his father. The learned Single Judge dismissed the writ petition observing that except copies of the gift deeds, no material is filed to show title in their favour and that the Land Grabbing Court had passed an order relating to the same land against which W.P. No.25763 of 2001 filed by the Government was pending and the parties thereto were directed to maintain status quo. Aggrieved thereby the present writ appeal is filed. Learned counsel for the appellants submits that the respondents, without any lawful authority and without following due process of law, are trying to dispossess them. He further submits that the writ petition No. 25763 of 2001 filed by the Government had already been dismissed by order dated 6.4.2005. Having heard the learned counsel on either side and in the facts and circumstances of the case, suffice if a direction is given to the respondents that the appellants shall not be dispossessed without following due process of law and they are accordingly directed. The Writ Appeal is accordingly disposed of with the above direction. No order as to costs. ____________________ Justice T.Meena Kumari __________________ Justice Sanjay Kumar December 21, 2009 MAS.