IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No.9162 of 2009 Between: 1 Salam Bin Ali Bamasdoos, S/o. Ali Bin Salam Bamadoos, R/o. H.No. 23-1-894, Moghalpura,Hyderabad, A.P. 2 Asiya Begum, W/o. Salam Ali Mabasdoos, R/o. H.No. 23-1-894, Moghalpura,Hyderabad, A.P. ..... PETITIONERS AND 1 The District Collector Ranga Reddy District Having Office at Lakdikapool, Hyderabad. 2 The Tahsildar Rajendra Nagar Mandal Having Office at Attapur Ring Road, Rajendra Nagar, R.R. District. 3 Metropolitan Commissioner Hyderabad Metropolitan Development Authority (HMDA) Having Office at Begumpet, 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 will be pleased to issue an appropriate writ, order or direction especially one in the nature of Writ of mandamus directing the respondents not to dispossess the petitioner from peaceful possession and enjoyment of Plot bearing No.19 in Sy.No.40 in Ward No. 8, Block No.13, admeasuring 718 sq. yards situated at Bomruknudowla Village, Rajendra Nagar Mandal, Ranga Reddy Dist. without following due process of law and consequently direct the respondents not to demolish the boundary wall and watchman room. Counsel for the Petitioners:MR.CH.RAVINDER Counsel for Respondent Nos.1 & 2:GP FOR REVENUE Counsel for Respondent No.3 MR. M.DHANANJAY REDDY The Court made the following: ORDER: The petitioners claim to have purchased plots in Survey No.40 of Bomruknuddowla Village, Rajendranagar Mandal, Ranga Reddy District, through different sale deeds. Their grievance is that the respondents are interfering with their possession over the plots, without issuing any notice and without instituting any proceedings. The learned Standing Counsel for the third respondent stated that the land in survey No.42 of that village has been handed over by the Government and that the petitioners are trying to encroach the land in Survey No.42 under the guise of the purchase of plots in Survey No.40. Heard the learned counsel for the petitioners, learned Government Pleader for Revenue and the learned Standing Counsel for the third respondent. The petitioners apprehended threat mainly from the third respondent. As stated by the learned Standing Counsel for the third respondent, no rights are claimed by them vis-à-vis the land in Survey No.40. At the same time, the petitioners cannot enter into or encroach upon the land other than the one in Survey No.40. Therefore, the writ petition is disposed of, directing that the respondents shall not interfere with the possession and enjoyment of the petitioners over the land purchased from out of Survey No.40 of Bomruknuddowla Village. It is also directed that the respondents shall be entitled to prevent the petitioners from encroaching into the land in Survey No.42 or any other survey number. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J 29th APRIL, 2009. kvni