THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.14453 of 2008 ORDER: Petitioners 1 and 3 are associations of residents of Bhoja Gutta of Mehdipatnam, Hyderabad. The members of the society are said to have constructed houses over the land in Sy.No.297/1, 297/2 and 298/1 corresponding to T.S. No.17, 13/6 and 12 of Gudimalkapur, Bhojagutta, Asif Nagar Mandal, Hyderabad. It is stated that the land is a hillock and was declared as surplus, under the provisions of the Urban Land (Ceiling and Regulation) Act 1976 (for short ‘the Act’). The members of the petitioners claim to be in possession of small pieces of land, for the past thirty years. They feel aggrieved by the orders in G.O. Ms. No.351 (Revenue (UC-II) dated 17-03-2008, G.O. Ms. No.328 Revenue (UC-II) dated 12-03-2008, G.O. Ms. No.303 Revenue (UC-II) dated 10-03-2005 and G.O. Ms. No.220 Revenue (UC-II) dated 20-02-2008 issued by the Government of Andhra Pradesh, in terms of G.O. Ms. No.455 dated 29- 07-2002 in favour of respondents 4 and 5, Housing Societies. Petitioners contend that the first respondent has ignored interests of the existing residents as well as religious structures, made over the land. 2. Respondents 1, 3, 4 and 5 filed separate counter affidavits. It is stated that sale deeds were executed, or agreements of sale, entered into in favour of the Housing Societies by the land owners and since the land became vested in the Government, under the Act, the applications were made for extension of time under G.O. Ms. No.455 dated 29-07- 2002. It is alleged that the interests of the members of the petitioner societies have already been taken into account and a vast extent of Acs.13.00 was set apart for accommodating the existing dwellers. Proposals are also said to be in the offing for the implementation of an Urban Development Scheme for the beneficiaries. 3. For the foregoing reasons, the Writ Petition is disposed of; (a) upholding the impugned G.Os. subject to the condition that respondents 1 and 2 shall demarcate and set apart an extent of Acs.13.00 for the exclusive benefit of the persons who are in long standing possession of parts of the said land; (b) the respondents 1 and 2 shall prepare a list of the long standing occupants of the land that have constructed their houses, with reference to their ration cards or other similar proof and consider their cases, as and when any scheme for construction of permanent houses is taken up; and (c) no religious structures such as temples over the land shall be demolished or otherwise affected in the process of implementation of the G.Os. ______________________ L.NARASIMHA REDDY, J. 25th February, 2009. skmr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14453 of 2008 Between: 1 Bhoja Gutta Weaker Section Welfare Association (Reg. 52/96) rep by its President E. Raju S/o E. Baddi Raju R/o 12-2-798/2/19/VVNII/276, Bhojaguta Mehidipatnam, Hyderabad. 2 Narsing yadav, General Secretary, Bhoja Gutta Weaker Section Welfare Association (Reg 652/96) S/ B. Mallaiah R/o 12-2-708/2/VVNII/39, Bhojaguta Mehidipatnam, Hyderabad. 3 Shivaji nagar Weaker Section Association (7511/99) rep by its President, J. Ravi S/o Ramaiah R/o 12-2-790/B/SNI/55, Shivajinagar bhojaguta, Mehdipatnam, Hyderabad. 4 G. Bala Swamy S/o Ranganna General secretary Shivaji Nagar Weaker Section Association R/o 12-2-790/B/SN2/106, Shivajinagar bhojaguta, Mehdipatnam, Hyderabad. ..... PETITIONERS AND 1 Government of Andhra Pradesh rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2 District Collector, Hyderabad District, Nampally Station Road, Hyderabad. 3 Tasildar Asif nagar Mandal, Hyderabad 4 Mustaffa Hils Residential Colony Association, 11-3-824/1/1 Farooqui Manzil Hyderbad, rep by its President. 5 Ayodhya Nagar Mutually Aided Co-operative Housing Society, repby its President, Through Special Officer, & Competnent Authority Urban land ceiling, 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 issue a writ, order or direction; more particularly, one in the nature of a Writ of mandamus declaring the action of respondents in entertaining the applications of persons other than the petitioners under GO 455 and issuing G.O.Ms.No.351 Revenue (UC-II) dt 17-3- 2008, G.O.Ms. No. 328 Revenue (UC-II) 12-3-2008 and G.O.Ms. 303 Revenue (UC-II)10-3-2005 and the Consequential orders of handing over the possession of the land in Sy. No. 297/1, 297/2 and 298/1. TS No. 17, 13/6 and 12 of Gudimalkapur, Bhojagutta Asifnagar, Mandal, Hyderabad to the respondents four and five as illegal and unconstitutional and consequently, set a side the GO ms. 351 Revenue (UC-II) dated 17-3-2008, G.O. Ms. No. 328 Revenue (UC_II) 12-3-2008 and GOMs. No. 303 Revenue (UC-II) 10-3-2005 and the consequential orders of handing over the possession of the land in Sy.No. 297/1, 297/1 and 298/1. TS No. 17,13/6 and 12 of Gudimalkapur, Bhojagutta Asifngar Mandal, Hyderabad and direct the respondents one to three to allo the house sites as per the applications made by the petitioners' families and the members of the associations, and pass such other or further orders. Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following :