IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE G.V.SEETHAPATHY WRIT PETITION NO : 7783 of 2008 Between: 1. Nawab Mohd. Jameeluddin Khan s/o. Late Nawab Kabiruddin Khan, R/o. D.No. 18-9-450/39, Edi Bazar, Hyderabad. 2. Nawab Mohd. Rasheeduddin Khan s/o. Late Nawab Kabiruddin Khan, R/o. D.No. 18-9-450/39, Edi Bazar, Hyderabad. 3. Sayeedunnisa Begum D/o. Late Nawab Kabiruddin Khan R/o. D.No. 18-9-450/39, Edi Bazar, Hyderabad. 4. Basheerunnisa Begum D/o. Late Nawab Kabiruddin Khan R/o. D.No. 18-9-450/39, Edi Bazar, Hyderabad. 5. Ashrafunnisa Begum D/o. Late Mohd. Mabarisuddin Khan R/o. D.No. 18-9-450/39, Edi Bazar, Hyderabad. 6. Ahmedunnisa Begum D/o. Late Mohd. Mabarisuddin Khan R/o. D.No. 18-9-450/39, Edi Bazar, Hyderabad. 7. Azeemuddin Khan S/o. Late Mohd. Mabarisuddin Khan R/o. D.No. 18-9-450/39, Edi Bazar, Hyderabad. 8. Azamuddin Khan S/o. Late Mohd. Mabarisuddin Khan R/o. D.No. 18-9-450/39, Edi Bazar, Hyderabad. ..... PETITIONERS A N D 1. The District Collector, Hyderabad. 2. The Commissioner, Municipal Corporation of Greater Hyderabad. 3. Special Officer cum Competent Authority, Urban Land Ceilings MJRoad, Chandra Vihar, Nampally, Hyderabad. 4. The NMandal Tahsildar, Himayathnagar Mandal, Hyderabad District. 5. The Mandal Tahsildar, Amberpet Mandal, Hyderabad Dist. 6. M.Suryanarayana Reddy S/o. Venkataram Reddy R/o. D.No. 1-8-430, Chikkadapally, Hyderabad. 7. M/s. Garunda Building, rep. by Sunil Agarwal. R/o. D.No. 4-4-932/1 to 3, Khandaswamy Lane, Opp: Hanuman Vyayamashala, Sultan Bazar, 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 will be pleased to to issue a writ in the nature of a writ of Mandamus or any other appropriate writ, direction, order or orders declaring the action of the official respondents herein in not taken any action against the illegal constructions made by the respondents 6 and 7 herein particularly in the petitioners lands in an extent of 7-9 guntas 31 Sq. yards in Sy.No. 200 or 200/2 of Baghlingampally Village which is Part and parcel of the item No. 27, Schedule IV of Decree in C.S.No. 14 of 1958 which is exclusive property belongs to the petitioners ancestor late Nawab Yawaruddin Khan, is wholly illegal, arbitrary, without jurisdiction and void and also violative of Art. 14 and 300-A of hte Constitution of India, and consequently direct the respondent No. 2 herein to shop the constructions made by the 6th and 7th respondents herein till the identification of the lands in an extent of 7-9-guntas 31Sq. yards in Sy.No. 200 or 200/2 of Baghlingampally Village which is Part and parcel of the item No. 27, Schedule IV of Decree in C.S.No. 14 of 1958 which is exclusive property belongs to teh petitioners ancestor late Nawab YAwaruddin KhanSq. yards in Sy.No. 200 or 200/2 of Baghlingampally Village which is Part and parcel of the item No. 27, Schedule IV of Decree in C.S.No. 14 of 1958 which is exclusive property belongs to teh petitioners ancestor late Nawab YAwaruddin Khan Sq. yards in Sy.No. 200 or 200/2 of Baghlingampally Village which is Part and parcel of the item No. 27, Schedule IV of Decree in C.S.No. 14 of 1958 which is exclusive property belongs to teh petitioners ancestor late Nawab YAwaruddin Khanand fix boundaries in between both baghligampally and baghamberpet Village, by the Commissioner K.V. Chalapathi Rao, Vice- Principal, Survey and Land Records, Narayanaguda, Hyd. and pass Counsel for the Petitioner:MR.S.BALCHAND Counsel for the Respondent No.: MR.R.RAMACHANDRA REDDY The Court made the following: HON’BLE SRI JUSTICE G.V.SEETHAPATHY W.P.No.7783 OF 2008 ORDER: This writ petition is filed seeking to declare the action of the official respondents in not taking action against the illegal constructions being made by respondents 6 and 7 in the lands in Sy.Nos.200 or 200/2 of Baghlingampalli village, forming part and parcel of item No.27, Schedule IV of decree in C.S.No.14 of 1958, which is the exclusive property of late Nawab Yawaruddin Khan, as illegal and arbitrary, and with a consequential direction to respondent No.2 to stop the illegal constructions made by respondents 6 and 7 therein and fix boundaries between Baghlingampally and Baghamberpet villages, with the help of Court Commissioner. 2. Respondents filed counter denying the allegations made in the writ petition. 3. In view of the orders in second appeal in S.A.No.984 of 2001, dismissing the same, nothing survives in this writ petition and the same is accordingly dismissed. No order as to costs. ____________________ G.V.SEETHAPATHY, J 23rd March, 2009 Lrkm