IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.15376 of 2001 Between: 1 M/s. Indiana Traders, rep.by its Partner Shamimullah Khan, died rep.by RR 6 to 8 Gowliguda Chaman, Hyderabad. 2 Smt.Safid Khanem, W/o. Late Fateh Ullah Khan, R/o.16-2-145/A/7/2&3, New Malakpet, Hyderabad. 3 Naseem Ullah Khan, S/o. Fateh Ullah Khan, R/o. 16-2-145/A/7/2/2&3, New Malakpet, Hyderabad. 4 Waseem Ullah Khan, S/o. Fateh Ullah Khan, R/o. 16-2-145/A/7/2/2&3, New Malakpet, Hyderabad. 5 Kaleemullah Khan, S/o. Fateh Ullah Khan, R/o.16-2-145/A/7/2&3, New Malakpet, Hyderabad. 6 Mrs.Zubeda Khan, W/o. Shameemullah Kham, R/o.16-2-145/a/7/2&3, New Malakpet, Hyderabad. 7 Najeebullah Khan, S/o. Shameemullah Khan, R/o.16-2-145/A/7/2&3, New Malakpet, Hyderabad. 8 Haseebullah Khan, S/o. Shameemullah Khan, R/o.16-2-145/A/7/2&3, New Malakpet, Hyderabad. ..... PETITIONERS AND 1 Government of Andhra Pradesh, Rep.by its Secretary, General Administration, Secretariat Building, Hyderabad. 2 Court of the IX Additional Chief Judge (Fast Track Court), CCC., Hyderabad. 3 Smt.Ginodibai, W/o.Madanlal Gupta, R/o.21-7-609, Ghansi Bazar, 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 appropriate writ order or directions declaring the G.O.Ms.No.636 as arbitrary, illegal, unjust, contrary to law, violative of provisions of A.P. Buildings (Lease, Rent and Eviction) Control Act and is discriminatory and violative of Art.14 of the Constitution and issue a prohibitive right restraining the 2nd Respondent from proceeding to hear A.S.No.400 of 1998 on its file on the ground that the Civil Courts have no jurisdiction to try the said dispute and declare that the only remedy available to the 3rd Respondent is to approach the Courts under the A.P. Buildings (Lease, Rent and Eviction) Control Act and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.L.RAVICHANDER Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION No.15376 of 2001 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Petitioners question the order of the Government in G.O.Ms.No.636, dated 29-12-1983. Learned Government Pleader appearing for the respondents submits that the said G.O. was revised and the provisions of the said G.O. were further amended. Therefore, no cause of action survives for adjudication. He further submits that eviction orders were already passed in S.A.No.1063 of 2001. None appears for the petitioners even though the matter is listed under the caption “for dismissal”. Accordingly, the writ petition is dismissed for default. There shall be no order as to costs. ________________ V.ESWARAIAH, J __________________ SANJAY KUMAR, J Date: 09-04-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BDLNM}