IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NO : 10433 of 2009 Between: 1 Md. Habeeb S/o. Late Khaja Miya R/o. H. No. 6-5-10, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 2 Guguloth Babu Lal S/o. Bhadru R/o. H. No. 6-5-11, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 3 Kesaboina Venkateswarlu S/o. Mallaiah R/o. H. No. 7-9-24, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 4 Gundeti Sukanya W/o. Rajender R/o. H. No. 6-5-12 & 6-5-13, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 5 Md. Zaheer Ahmed S/o. Zameer Ahmed R/o. H. No. 6-5-15 & 6-5-16, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 6 Md. Abdul Salam Khan S/o. Ismile Khan R/o. H. No. 6-5-17 & 6-5-18, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 7 Sk. Habeeb S/o. Sk. Ahmeed R/o. H. No. 6-5-21, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 8 Sk. Hasan S/o. Bakshi R/o. H. No. 6-5-21/1, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 9 K. Nageswar Rao S/o. Yellaiah R/o. H. No. 6-5-28, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 10 P. Suvarnamala W/o. Raghu Ramulu R/o. H. No. 6-5-9 & 6-5-9/1, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 11 A. Anji Babu S/o. Mallaiah R/o. H. No. 6-5-6/1, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 12 M. Komaraiah S/o. Mallaiah R/o. H. No. 6-5-6, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 13 V. Mallesh S/o. Adi Narayana R/o. H. No. 6-5-4, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 14 V. SakkuBai W/o. Adi Narayana R/o. H. No. 6-5-4, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 15 Jampala Srinivas S/o. Veera Swamy R/o. H. No. 6-5-3, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 16 Rapali Rajamogili S/o. Bondyalu R/o. H. No. 6-5-3/1, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 17 M. Venkateswarlu S/o. Subbaiah R/o. H. No. 6-5-1, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 18 Pati Rajeswara Rao S/o. Papaiah R/o. H. No. 6-5-2, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. 19 Akuthota Sambaiah S/o. Mallaiah R/o. H. No. 6-1-667,, Netaji Market, Gollagudem - Hemachandrapuram Road, Kothagudem Town, Khammam District. ..... PETITIONER(S) AND The Additional Divisional Railway Manager South Central Railway Secunderabad Division, Secunderabad. .....RESPONDENT 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 writ order or direction more particularly one in the nature of writ of Certiorari calling for the records relating to notice cum proceeding bearing No.CW/513/Land Cell/South initiated Under Section 4 (1) Public Premises (Eviction of Unauthorized Occupants), Act 1971 and passing of eviction order dated 11-05-2009 by the respondent, holding it as bad, illegal and without jurisdiction and quash the same. Counsel for the Petitioner:MR.S.MADAN MOHAN RAO Counsel for the Respondent No.: MR.R.S.MURTHY The Court made the following : HON’BLE SRI JUSTICE B. PRAKASH RAO W.P. No.10433 of 2009 O R D E R:- This writ petition is filed seeking to quash Form “B” Notice-cum- Eviction Proceedings dated 11.05.2009 issued by the respondent. The petitioners assert that they are the absolute owners and possessors of the houses in different extents of land situated at Timber Siding near Bhadrachalam Road, Railway Station, having purchased them under various registered sale deeds, and according to them, their names were also mutated in municipal records. Now, the main grievance of the writ petitioners is that the respondent-Additional Divisional Railway Manager, South Central Railway, without any power or authority, has issued the impugned Notice-cum-Eviction Proceedings dated 11.05.2009 directing them to vacate the premises in question. Sri R.S. Murthy, learned Standing Counsel for South Central Railway has submitted that against the order of the respondent, a statutory appeal lies before the District Judge under Section 9 of the Public Premises (Eviction of Unauthorized Occupants), Act, 1971 (for short “the Act”), and the petitioners without exhausting the remedy of preferring the appeal, have filed this writ petition. Having heard Sri Madan Mohan Rao, learned counsel for the petitioners, and having regard to the fact that as against the impugned Notice-cum-Eviction Proceedings, a statutory appeal lies to the District Judge under Section 9 of the Act, this Court is not inclined to entertain this writ petition, and accordingly the same is dismissed. However, the petitioners are at liberty to avail the remedy of appeal, as is available to them under Section 9 of the Act, within a period of two weeks from today. It is needless to mention that in the event the petitioners choose to prefer an appeal as available to them under law, then the respondent shall not evict the petitioners from the premises in question until the disposal of such appeal. No costs. The Registry is directed to return the originals of the impugned Notice-cum-Order to the petitioners. __________________ B. PRAKASH RAO, J. 28th May, 2009 Note: Furnish copy by tomorrow. B/o bcj