IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 10668 of 2008 Between: 1) T. Shanthamma W/o T. Das R/o H. No. 1/136, Anjaiah Nagar, Gachibowli, Serilingampally Mandal, Ranga Reddy District. 2 ) T. Manemma W/o Sathaiah R/o H. No. 1/136, Anjaiah Nagar, Gachibowli, Serilingampally Mandal, Ranga Reddy District. 3) Smt. Lavanya, W/o Narsing Rao R/o H. No. 1/136, Anjaiah Nagar, Gachibowli, Serilingampally Mandal, Ranga Reddy District. .... Petitioners A N D The Greater Hyderabad Municipal Corporation, Serilingampally Circle, Rep by its Deputy Commissioner, Serilingampally, Ranga Reddy district. ..... Respondent 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the house property situated at Sy. No. 136 bearing H.Nos.1/136, 2/136, 3/136, 3/136 and 88/136 Anjaiah Nagar, Gachibowli Village Serilingampally Mandal, Ranga Reddy District as arbtirary, illegal and violative of Principles of natural justice apart from violative of fundamental rights under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent not to demolish the house structure of petitioners; and pass such other order or orders as this Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.N.ASHOK KUMAR Counsel for the Respondent : SMT.KALPANA EKBOTE The Court made the following : ORAL ORDER : This writ petition is filed seeking writ of mandamus to declare the action of the respondents in interfering with the peaceful possession and enjoyment of the house property situated at survey no.136, bearing H.Nos.1/136, 2/136, 3/136 and 88/136, Anjaiah Nagar, Gachi bowli village of Serilingampalli Revenue Mandal, Ranga Reddy district, as arbitrary, illegal and violative of the principles of natural justice, apart from violative of fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently to direct the respondent not to demolish the house structure of the petitioners and to pass such other suitable orders as this court may deem fit and proper in the circumstances of the case. 2. It is stated that the petitioners are seeking a direction to the respondent not to interfere with their peaceful possession and enjoyment over the houses pending representations to regularize their houses as per the conditions stipulated in GO.Ms.No.674, dated 08-6-2006 and also not to demolish their houses without due process of law and further seeking a direction to the respondents to consider their representations dated 18-8-2008 and 18-8-2007, as per the directions issued by this Court and protect properties from the encroachers. 3. It is stated that the first petitioner purchased house quarter nos.1 and 2, situated at survey no.136 at Anjaiahnagar, Gachibowli, Serilingampalli Revenue Mandal, Ranga Reddy district, in the year 1987 by paying sale consideration. Since the date of purchase, the first petitioner is in peaceful possession and enjoyment of the above said property. Like wise, the second petitioner purchased quarter no.3, situated at survey no.136, Anjaiahnagar, Gachibowli (v), Serilingampalli Revenue Mandal, Ranga Reddy district in the year 1987 and since then she is in possession and enjoyment thereof and the third petitioner purchased house quarter no.88, situated at survey no.136, Anjaiahnagar, Gachibowli (v), Serilingampalli Revenue Mandal, Ranga Reddy district in the year 1987 for valuable sale consideration and since then she is in possession and enjoyment thereof. 4. It is stated that all the petitioners are paying house-taxes, electricity and water consumption charges in respect of the aforesaid houses and they have filed the materials to that effect. In fact, the aforesaid house property was purchased during the year 1987 and the revenue authorities never interfered with their possession and enjoyment for the past twenty years and prior to their purchase, the vendors of the petitioners were in absolute possession and enjoyment of the said property and the authorities have kept quiet for all these years and now they are threatening the petitioners with dire consequences, if they do not vacate the premises. 5. It is further stated that the petitioners have filed their representation to the authorities on 18-6-2006 requesting the authorities to regularize encroachments in respect of their dwelling houses bearing Nos. 1/136, 2/136, 3/136 and 88/136 situated at Anjaiahnagar, Gachibowli (v), Serilingampalli Revenue Mandal, Ranga Reddy district and the petitioners have furnished al relevant documents, which are necessary for regularization of the encroachments and in spite of submitting the representation in the month of August 2006 the authorities have so far not considered the case of the petitioners in terms and conditions stipulated in GO.Ms.No.674. It is also stated that the concerned Tahsildar and Deputy Collectors are coming to their premises regularly and forcing them to evict the premises, which the petitioners are in possession for the past twenty years. It is stated that the respondents are not inclined to consider their case as per G.O.Ms.No.674, dated 08u-6-2006. It is also brought to the notice of the respondents that a representation was submitted to the District Collector seeking to regularize the encroachment and the same is pending consideration before the District Collector. In spite of that the revenue officials are forcing the petitioners to vacate the premises. 6. It is stated that the petitioners have filed WP.No.14577 of 2007 seeking a direction to the respondents therein not to interfere with their peaceful possession and enjoyment of the aforesaid properties and also sought a direction to regularize the house properties as per G.O.Ms.No.674 dated 8-6-2006. This Court passed final orders on 10-7-2007 directing the petitioners to submit detailed explanation relating to the averments made by the respondents stating that the aforesaid house property is the assigned land and in contravention of assigned rules, the petitioners are in possession of the property. The petitioners have submitted detailed explanation on 18-7-2007 stating that the petitioners are not the assignees of the land and they are in possession for the past twenty years and as per G.O.Ms.No.674, the petitioners are entitled for regularization. This Court directed the authorities to maintain statusquo till the explanation offered by the petitioners is considered. The respondents 1 to 5 therein have so far not passed any order nor considered their explanation. 7. Further it is stated that when the revenue authorities with the instance of some private parties tried to interfere with their peaceful possession of house properties, the petitioners have approached this court once again by way of filing WP.No.4643 of 2008 seeking a direction against the respondents therein not to interfere with their peaceful possession of properties, pending their applications for regularization in terms of GO.Ms.no.674, dated 08-6-2006. While admitting the writ petition, this Court in WPMP.No.6028 of 2008 in WP.No.4643 of 2008 dated 04-3-2008 granted interim direction in favour of the petitioners and the same is pending before this court. 8. It is also stated that the officials of the respondent herein, who are not parties in the earlier two writ petitions came to their house properties and threatening them to demolish the structure when they were renovating their houses in summer from protecting in the rainy season. Since the respondent authorities have not issued any notice to them and they have no jurisdiction or authority to demolish their property without prior notice. 9. On the other hand, Smt.Kalpana Ekbote, the learned counsel for the respondent had referred to WP.No.4643 of 2008 and submitted that in the said writ petition the Government had taken stand that the land admeasuring Acs:120-01 guntas in survey no.136, Gachibowli village is a Government land. The Government during the year 1981-82 has issued house-site pattas to people belonging to the weaker sections. Some non-plotted area, which was not allotted to any person has been encroached by the petitioners and similarly placed persons. Therefore, the present writ petition is filed by the same petitioners seeking writ of mandamus to declare the action of the respondents in interfering with the peaceful possession and enjoyment of the house property situated at survey no.136, bearing H.Nos.1/136, 2/136, 3/136 and 88/136, Anjaiah Nagar, Gachi bowli village of Serilingampalli Revenue Mandal, Ranga Reddy district. The respondent-authorities are not at all interfering with the possession and enjoyment of the petitioners and on mere apprehension they filed the present writ petition. 10. Heard Sri N.Ashok Kumar, the learned counsel representing the petitioners as well as Smt.Kalpana Ekbote, the learned counsel for the respondent. 11. The main grievance in this writ petition is that that the first petitioner purchased house quarter nos.1 and 2, situated at survey no.136 at Anjaiahnagar, Gachibowli, Serilingampalli Revenue Mandal, Ranga Reddy district, in the year 1987 by paying sale consideration. Since the date of purchase, the first petitioner is in peaceful possession and enjoyment of the above said property. The second petitioner purchased quarter no.3, situated at survey no.136, Anjaiahnagar, Gachibowli (v), Serilingampalli Revenue Mandal, Ranga Reddy district in the year 1987 and since then she is in possession and enjoyment thereof. Accordingly, the third petitioner purchased house quarter no.88, situated at survey no.136, Anjaiahnagar, Gachibowli (v), Serilingampalli Revenue Mandal, Ranga Reddy district in the year 1987 for valuable sale consideration and since then she is in possession and enjoyment thereof and that the petitioners are paying house-taxes, electricity and water consumption charges in respect of the aforesaid houses and they have filed the materials to that effect. It also stated that the petitioners have submitted their representation along with all relevant documents on 18-8-2006 requesting the authorities to regularize encroachments in respect of the house bearing Nos.1/136, 2/136, 3/136 and 88/136 situated at Anjaiahnagar, Gachibowli, Serilingampalli, Ranga Reddy district. The apprehension of the petitioners is that the respondent- authorities are not regularizing the encroachments and they are threatening to demolish the structure without issuing any notice to them. The learned counsel for the respondent has fairly submitted that the respondent-authorities are not at all interfering in the possession of the petitioners and on mere apprehension, the petitioners have filed the present writ petition. 12. Having regard to the submissions made by the learned counsel for the petitioners as well as the respondent, this Court deems it appropriate that firstly, if the petitioners are in possession and enjoyment over the house bearing nos.1/136, 2/136, 3/136 and 88/136 situated at Anjaiahnagar, Gachibowli village of Serilingampali Mandal, Ranga Reddy District and that secondly, if the representation dated 18-8-2006 filed by the petitioners seeking regularization is pending consideration before the respondent-authorities, the petitioners shall not be dispossessed from, their house properties without following due process of law, pending consideration of the representation dated 18-8-2006 of the petitioners. The respondents are directed to consider the representation dated 18-8-2006 on merits and in accordance with law within a period of one month from the date of receipt of the copy of this order. 13. With the above direction, the writ petition is disposed of at the stage of admission. No costs. ------------------------------------ JUSTICE G . CHANDRAIAH. 07-5-2008. I s L – T s R NB: Furnish CC of the order by tomorrow. B/o. IsL-TsR