IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9774 of 2008 Between: Muneer Khan S/o.Late Jahangir Khna R/o.H.No.13-1-1232/A/20, Ambedkarnagar Tappachabutra,Hyderabad ..... PETITIONER AND 1 The Tahasildar, Vijayanagar colony, Asifnagar Mandal Hyderabad 2 The State of AP.,through District Collector, Hyderabad District .....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 of mandamus or any other suitable writ or order declaring the action of the respondents in interfering in petitioner peaceful possession open land with one room bearing Municipal No.13-6- 825/A/1/1/A/2 admeasuring 500 sq.yds situated at Mogal Nagar, Moghal Ka Nalla, Langar House,Hyderabad without authority in law illegal, arbitrary, and in violation of principles of natural justice and contrary to Fundamental Rights enshrined in Article 14 and 21 R/.w A 300A of Constitution of India and consequently direct the respondents not to interfere in petitioner peaceful possession and enjoyment of land open land with one room bearing Municipal No.13-6-825/A/1/1/A/2 admeasuring 500 sq.yds situated at Mogal Nagar, Moghal Ka Nalla, Langar House, Hyderabad without recourse to due process of law. Counsel for the Petitioner: MR.BANKATLAL MANDHANI Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: Heard the learned counsel for the petitioner as well as the learned Government Pleader for Revenue and at their request the matter is taken up for final disposal at the admission stage itself. It is the case of the petitioner that he obtained on lease open land with one room bearing Municipal No.13-6-825/A/1/1/A/2 admeasuring 500 square yards situated at Mogal Nagar, Moghal Ka Nalla, Langar House, Hyderabad commencing from 1.3.2007 and thereafter he obtained permission for shifting his saw mill into the suit property from the forest department vide proceedings No.1967/01/S14 dated 28.7.2007 and accordingly shifted the saw mill by fixing the saw mill machinery in a shed. It is also stated that he got permission from the medical and heath department also for running the saw mill. Thereafter, some disputes have arisen between himself and his landlord and, therefore, he filed a suit and obtained injunction against his landlord. While the matters stood thus, the 1st respondent without any notice or enquiry of any nature came to the saw mill on 28.4.2008 and tried to dispossess him from the said place and hence this writ petition seeking directions to the respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the subject matter of the property. Today, when the matter is taken up, learned Government Pleader on instructions submits that under the guise of the lease deed the petitioner is trying to encroach and construct one more room in the adjacent land, which was prevented by the Mandal Revenue Officer and that the authorities intend to initiate proceedings under the Land Encroachment Act against the petitioner. Recording the above statement made by the learned Government Pleader, the writ petition is closed. N.V.RAMANA,J DT.29.4.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Tahasildar, Vijayanagar colony, Asifnagar Mandal Hyderabad 2 The State of AP.,through District Collector, Hyderabad District 3 2 CCs to Govt.Pleader for Revenue, High Court of A.P Hyd (OUT) 4 2CD copies