IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6163 of 2008 Between: 1 M D Bhavani, W/o. Sri M. Veeranna, R/o. Flat No. 9, Dollar Chambers, 6-2-40, A C Guards, Hyderabad-4. 2 M. Bharathi Bai, W/o. Sri M C Subba Rao, R/o. H.No. 13/2/239, Ramachandra nagar, Ananatapur - 515001. ..... PETITIONERS AND 1 The Collector and District Magistrate, Ranga Reddy District, Lakdikapool, Hyderabad. 2 The Deputy Collector & Tahsildar, Serilingampally Mandal, 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 may be pleased to issue a Writ or order or direction, preferably in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in causing demolitions of the houses bearing Municipal Nos 3-73/3/A, and 3-73/3/B Serilingampally Municipality, Ranga Reddy District as illegal, arbitrary and violative of Article 14 of the Constitution of India, consequently direct both the 1st and 2nd Respondents to obtain from further demolition and further restrain the respondents from alienating the houses and houses sites to any other 3rd party or parties and ensure the peaceful possession and enjoyment of the houses. Counsel for the Petitioners: MR.D.GOVERDHANACHARY Counsel for the Respondents.: GP FOR REVENUE The Court made the following : O R D E R: This writ petition has been filed by the petitioners, who are two in number, assailing the action of the respondents in demolition of the houses bearing Municipal Nos.3-73/3/A, and 3-73/3/B, Serilingampally Municipality, Ranga Reddy District. 2. The petitioners claim that the sites possessed by them have been acquired by the Government in road widening and as a compensation, alternative house sites were allotted to them wherein they made certain constructions after obtaining permission from the Serilingampally Municipality. The houses constructed by them came to be assessed for property tax. Photostat copies of the tax receipts have been placed on record as proof of it. 3. When the writ petition came up for admission, learned Government Pleader for Revenue received notice on behalf of the respondents and filed counter-affidavit. It is stated in the counter-affidavit that the petitioners occupied plots other than the plots allotted to them. For better appreciation, I may refer paras. 4 and 5 of the counter-affidavit and they are thus: “4. I submit that the petitioners are one of the effected parties in the widening of road that took place between Darga Hussain Sahwali and Gachibowli village, Old Bombay Highway. I submit that the people who were effected, whose land was effected, were given alternative site in Sy.No.40 situated at Khajaguda Village, Serilingampally Mandal. 5. I submit that the petitioners instead of occupying the land allotted to them as per the sketch have occupied the land elsewhere as shown in the Map where no plots are made, as such the encroachments were removed. The petitioners are at liberty to occupy the land which was allotted to them, shown in the rough sketch.” 4. Heard learned counsel appearing for the petitioners and learned Government Pleader for Revenue appearing for the respondents 1 and 2. 5. In the counter-affidavit filed by the respondents, it is specifically stated that the encroachments made by the petitioners have been removed and the petitioners are at liberty to occupy the plots allotted to them. The plots allotted to the petitioners have been shown in the map annexed to the counter-affidavit. 6. In that view of the matter, I deem it appropriate to direct the respondents 1 and 2 to identify the plots allotted to the petitioners so as to enable them to occupy the same. This exercise shall be done within four weeks from the date of receipt of a copy of this Court. 7. Accordingly, the writ petition is disposed of at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:18th July, 2008. Note: Issue C.C. within two days. B/O cs .....ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2 CCs 2.2CD copies Form-NIC-OGS/WP{LS}