IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 11004 of 2001 Between: Mohd.Jawad Mustafa Ahmed, S/o. Sri Mohd.Masood Ahmed, R/o. H.No.10-5-38/A/1, Masab Tank, Hyderabad. ..... PETITIONER AND 1 The Commissioner and Special Officer, Municipal Corporation of Hyderabad, Tank Bund Road, Hyderabad. 2 The Chief City Planner, Municipal Corporation of Hyderabad, Tank Bund Road, Hyderabad. 3 The Assistant City Planner, Municipal Corporation of Hyderabad, Khaitabad, Hyderabad. .....RESPONDENT(S) 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, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in trying to dump escavated soil on the premises of the petitioner bearing Municipal No.8-1-329/A/16, Shaikpet Village, Hyderabad, Hyderabad as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents not to dump soil on the petitioner's plot and not to dispossess the petitioner without following due process of law and be pleased to pass Counsel for the Petitioner:MR.FAZAL YOUSUFFUDIN Counsel for the Respondents: SMT.Kalpana Egbote The Court made the following : ORDER: The petitioner seeks a writ of mandamus declaring the action of the respondents in trying to dump excavated soil in his premises bearing Municipal No.8-1-329/A/16, Shaikpet village, Hyderabad, as illegal and arbitrary and consequently to direct the respondents not to dump the said soil in his plot and not to dispossess him without following due process of law. None appears for the petitioner. It is the case of the petitioner that he is the owner of premises bearing Municipal No.8-1-329/A/16, Shaikpet village, Hyderabad admeasuring 682 square yards which is surrounded by compound wall on three sides and there is one room on the Eastern side and it is situated adjacent to the bund of Kotta Cheruvu Shaikpet. But, the municipal authorities dumped certain soil in the said plot and accordingly, the petitioner made a representation to the first respondent to remove the soil already dumped in his land. It is stated that the said representation dated 02.06.2001 was not considered and disposed of. This Court by order dated 08.06.2001 directed the respondents not to dump the excavated soil in the petitioner’s premises bearing Municipal No.8-1-329/A/16 admeasuring 682 square yards in Sy.No.59, situated in Shaikpet village, Hyderabad till the disposal of the writ petition. I am not inclined to express any opinion with regard to right and title of the petitioner. However, the respondents cannot dump or excavate any soil in the said land of the petitioner without following due process of law. Accordingly, the writ petition is disposed of directing the respondents not to dump or excavate any soil in the said premises of the petitioner without following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:03.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ANURADHA}