IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 6995 of 2002 Between: 1 T.Vasanth Kumar, (Diad per L.R's,), S/o. Tribhuvan Das, R/o. 5-129, Ghatkesar, Rangareddy District. 2 T.Navanitha, Minor, W/o. Late Vasanth Kumar, R/o. 4-110, Ghatkesar Village and Mandal, R.R. Distric Rep. by their natural mother and Guardian Petitioner No.1 Petitioners 2 are brought on Record of LR's of the diceased petitioners as Court Order dt.22-7-02 in WPMP 9674/04 3 T.Sandhya Rani, Minor, D/o. Late Vasanth Kumar, R/o. 4-110, Ghatkesar Village and Mandal, R.R. Distric Rep. by their natural mother and Guardian Petitioner No.1 Petitioners 3 are brought on Record of LR's of the diceased petitioners as Court Order dt.22-7-02 in WPMP 9674/04 4 T.Himabindu, Minor, D/o. Late Vasanth Kumar, R/o. 4-110, Ghatkesar Village and Mandal, R.R. Distric Rep. by their natural mother and Guardian Petitioner No.1 Petitioners 4 are brought on Record of LR's of the diceased petitioners as Court Order dt.22-7-02 in WPMP 9674/04 5 T.Tribhuvandas, Minor, S/o. Late Vasanth Kumar, R/o. 4-110, Ghatkesar Village and Mandal, R.R. Distric Rep. by their natural mother and Guardian Petitioner No.1 Petitioners 5 are brought on Record of LR's of the diceased petitioners as Court Order dt.22-7-02 in WPMP 9674/04 6 T.Shravani, Minor, D/o. Late Vasanth Kumar, R/o. 4-110, Ghatkesar Village and Mandal, R.R. Distric Rep. by their natural mother and Guardian Petitioner No.1 Petitioners 6 are brought on Record of LR's of the diceased petitioners as Court Order dt.22-7-02 in WPMP 9674/04 ..... PETITIONERS AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Home, Secretariat, Hyderabad. 2 The Director General of Police, Hyderabad. 3 The District Collector, Rangareddy District. 4 The Dy.Superintendent of Police, Saroornagar, Ranga Reddy District. 5 The C.I. of Police, Uppal, Ranga Reddy 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 to issue a writ, order or direction more in the nature of Writ of Mandamus directing the respondents herein not to take possession of the ancestral property of the petitioner i.d. Housebearing No.4-9, 4-11 and 4-13 in Syu. No.411 on Hyderabad and Warangal Highway at Ghatkesar Village, Rangareddy District without following any due procedure under law i.e. without notice, without consent, without invoking the provisions of L.A.Act or without payment of compensation by duly declaring the action of the respondents i.e. steps taken by the police authorities to take possession of th property for construction of police station at Ghatkesar without any notice, without consent, without invoking the provisions of Land Acquisition Act or without paying any compensation by conducting negotiations is nothing but arbitrary, illegal and violative of aRt.14 and 300-A of the Constitution of India and pass Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 6995 of 2002 O R D E R : This writ petition is filed seeking a direction to the respondents not to interfere with the possession in respect of house bearing No.4- 9-, 4--11 and 4--13 in Sy.No.411 of Hydrabad and Warangal High way, Ghatkesar Village, Ranga Reddy District. It is pleaded by the petitioners that it is their ancestral property and the respondents herein have been attempting to interfere with their possession without issuing any notice and without invoking the provisions of the Land Acquisition Act, 1894 or any other Statute. This Court, while directing rule nisi, by order dated 16-04-2002, directed the respondents not to take possession of the property in question without following due process of law. Despite notice, no counter affidavit is filed by the respondents and the interim order dated 16-04-2002 continued in operation all through. Heard both sides. Having regard to the facts and circumstances of the case, and keeping in view the specific plea of the petitioners that the property in question is their ancestral property, the writ petition is disposed of with a direction to the respondents not to interfere with the said property in any manner whatsoever without following due process of law. No costs. ______________ G. ROHINI, J Dated: 05-02-2009 KLP