IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10295 of 2003 Between: Razia Begum (died) and 4 others ..... PETITIONERS AND The Estate Officer, Hyderabad and Secunderabad, Khairatabad, Hyderabad and two others .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.10295 of 2003 O R D E R: The petitioners who are the legal heirs of the original writ petitioner submits that they were in occupation of 113 sq.yards from 1928 onwards for which Municipal Nos.7-3-1, 7-3-2, 7-3-2/A and 7-3-2 were assigned and they were in continuous possession and enjoyment of the same. As the said land is adjacent to Muslim religious place Chilla and out of 113 sq.yards about 40 sq.yards covers the Chilla, the 1st respondent-Estate Officer, Hyderabad passed an order under Sec.4 of the Andhra Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1968 vide orders dated 08.01.2001 in Proceedings No.B1/SBD/99 evicting the petitioners from the said public premises as it needed for public purposes, on the ground that the premises in question belongs to the Government situated within the premises of Government Gandhi Hospital, Secunderabad, opposite Alpha Hotel, besides Secunderabad Railways attached to Darga premises. As against the said order, the petitioner filed CMA.349/2001 on the file of the Chief Judge, City Civil Court, Hyderabad and the same was also dismissed by order dated 17.04.2003. Against the said orders, this writ petition is filed. It is stated that during pendency of the writ petition, the petitioners have submitted an application No.5990 dated 01.04.2008 for regularization of their unauthorized occupation pursuant to the orders issued by the Government in G.O.Ms.No.166 dated 16.02.2008 which is pending before the 3rd respondent District Collector, Hyderabad. The learned Government Pleader appearing for the respondents submits that in fact, the application of the petitioner for regularization pursuant to the orders of the Government in G.O.Ms.No.515 dated 19.04.2003 and G.O.Ms.No.508 dated 20.01.1995 was already considered and rejected. The learned counsel for the petitioner submits that the earlier rejection application is nothing to do in view of the existing orders of the Government in G.O.Ms.No.166 dated 16.02.2008. As the petitioner filed W.P.M.P.9827/2010 for amendment of the writ prayer directing the 3rd respondent-District Collector to consider the application No.5990 dated 01.04.2008 for regularization of the petitioners’ land in terms of G.O.Ms.No.166 dated 16.02.2008, the learned counsel for the petitioner submits that this writ petition may be disposed of, directing the 3rd respondent to consider and dispose of the said application. Having regard to the facts and circumstances of the case, without expressing any opinion on merits of the case, and while confirming the impugned orders, the Writ Petition is disposed of, directing the 3rd respondent to consider and dispose of the application of the petitioners No.5990 dated 01.04.2008 in terms of G.O.Ms.No.166 dated 16.02.2008, in accordance with law. No order as to costs. ________________ V.ESWARAIAH,J Dated: 03.03.2011 Dsr