[ 2586 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION NO: 20390 OF 2O1O Between: Mohd. Abdul Rasheed, S/o.t\/ohd. Abdul Basith, Aged about 38 years, Occ: Business, Rl/o. H.No.10-2-81213, Mallepally, Badi Masjid, Hyderabad. ...PETITIONER AND 1. The Government of Andhra Pradesh, rep. by its District Collector, Hyderabad. 2. Mandal Revenue Officer, Asifnagar [\/andal, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the Hi(h Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus directing the respondent to act according to Law, declare the attempt of the 2nd respondent to dispossess the petitioner from the schedule premises bearing MCH NO.12-2-7901A18 on plot No.B admeasuring 244 square yards or 204 square Mtrs situated at Gudimalkapur Village, Hyderabad without following due process of Law is illegal, arbitrary and unconstitutional in the interest of justice. l.A. NO: 1 OF 2010(WPMP. NO: 25921 OF 2010) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents not to interfere in the petitioner's house premises bearing MCH NO.12-2-7SOlAlB on plot No.B admeasuring 244 square yards or 204 square Mtrs situated at Gudimalkapur Village, Hyderabad pending disposal of writ petition in the interest of justice. Counsel for the Petitioner: M/S. M DAS MOHAPATRA Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE J. SRIENTVAS RAO WRIT PETITION No.2O39O of 2()1O ORDER This writ petition is filed seeking following relief: "...to issue a writ order or direction more particularly one in the nature of writ of Mandamus directing the respondents to act according to Law, declare the attempt of the 2nd respondent to dispossess the petitioner from the schedule premises bearing MCH No. l2-2-79OlA/8 on plot No.8 admeasuring 244 square yards or 204 square meters situated at Gudimalkapur Village, Hyderabad without following due process of Law is illegal, arbitrary and unconstitutional ..." 2. Heard the learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 and 2' No representation on behalf of the petitioner. 3. The grievance of the petitioner is that he is the owner and possessor of the House bearing No.l2-2-79O/A/8 on Plot No'S admeasuring 244 square yards situated at Gudimalkapur, Hyderabad, and he purchased the said property through Agreement of Sale d,ated. 23.04.2OO9 from C.Udaya Kumari and since then he has been in possession and enjoyment of the said property. The respondents, without issuing any notice, are trying to dispossess the petitioner from the said property' At that stage, the petitioner approached this Cor-rrt and f,lled the present Writ Petition. 4 - I-earned Assistant Government Pleader for Revenue , t basing on tlre instructions furnished by respondent No'2 2 submits that subject land is a graveyard and the petitioner is not entitled to claim any rights over the subject property. However, the respondents will follow the due procedure as contemplated under Law- 5. In view of the above said submissions, without going into the merits of the case, the respondents are directed not to dispossess the petitioners from subject property without following due process of law, if the petitioner is in possession of the said property. 6. With the above direction, the writ petition is disposed of No costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. SD/- N.CHANDRA SEKHAR RAO ASSISTANT.REGISTRAR //rRUE coPY// u/ SECTION OFFICER To, TJ GJ 1. The District Collector, Government of Andhra Pradesh, Hyderabad. 2. The Mandal Revenue Officer, Asifnagar Mandal, Hyderabad. 3. One CC to M/s. M Das [Vlohapatra, Advocate [OPUC] 4. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad [OUT] 5. Two CD Copies $ /1 t1 HIGH COURT DATED:2310112024 ORDER WP.No.20390 of 2010 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. t c 1 iiE S14 /6. a o -i+ o e\ 16 Ftil 2il?1 D6:sPATct\111) t * >dr