IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28929 of 2008 Between: ..... PETITIONER(S) AND .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in attempting to evict the petitioners from their respective dwelling units without recourse to due process of law and causing any notices by meting out oral threats as bad, illegal, unconstitutional, violative of Articles 14,21, 300-A of the Constitution of India and principles of natural justice and to pass Counsel for the Petitioner:MR.T.JAGDISH Counsel for the Respondent No.: M.DHANANJAY REDDY(SC FOR HUDA) The Court made the following : ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ } THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28929 of 2008 ORDER: The petitioners approached this Court with the following prayer: “to issue an appropriate writ, order or direction, more particularly one in the nature of Mandamus declaring the action of the respondents in attempting to evict the petitioners from their respective dwelling units without recourse to due process of law and causing ay notices by meeting out oral threats as bad, illegal, unconstitutional, violative of Articles 14, 21, 300-A of the Constitution of India and Principles of Natural Justice and to pass such appropriate order or orders.” According to the petitioners they occupied the lands in question as early as in 1970s and since then they are residing therein by raising small huts. Accepting the possession, electricity connections were given and Greater Hyderabad Municipal Corporation also gave door numbers. The petitioners made representations for allotment of pattas in respect of their occupation of the lands in question and also seeking regularization as provided under the relevant Government orders. In the meanwhile the respondent authorities are threatening the petitioners that their occupation is unauthorized and they have to vacate the lands in question. Hence, the petitioners approached this Court by filing the present writ petition. Heard the learned counsel for the petitioners and Smt. Kalpana Ekbote, learned standing counsel for Greater Hyderabad Municipal Corporation. Even if it is accepted that the petitioners are encroachers and they do not have any right whatsoever over the lands in question, for recovery of their long possession since 1970s, the respondent authorities ought not to have taken such coercive steps without following due process of law. Accordingly the writ petition is disposed of with a direction to the respondents not to dispossess the petitioners from the lands in question without following due process under law. No costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 30th December, 2008 GHN To 1 The Kakatiya Urban Development Authority, Warangal, rep. by its Vice Chairman. 2 The Warangal Municipal Corporation, Warangal, rep. by its Commissioner. 3 2CD copies Form-NIC-OGS/WP{KURR}