IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3387 of 1999 Between: 1 Smt. Subhadra W/o. Ramachandar R/o. 1-9-1113/27/F-193 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 2 V. Jayalaxmi W/o. V. Srinivasa Rao R/o. 1-9-1113/27/F-179 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 3 V. Lakshmikantam R/o. Seshagiri Rao R/o. 1-9-1113/27/F-221 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 4 Neetu W/o Amalaraju R/o. 1-9-1113/27/F-347A Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 5 Lalithamma W/o M.V. Swamy R/o. 1-9-1113/27/F-347 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 6 T. Venkatamma W/o Bala Narasimha R/o. 1-9-1113/27/F-309 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 7 Smt. M. Laxmamma W/o Yellaiah R/o. 1-9-1113/27/F-186 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 8 G. Gyani Bai wife of Durgaprasad R/o. 1-9-1113-27-F-257 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 9 Kuburabee wife of late Lal Khan R/o. 1-9-1113-27-F-255 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 10 Smt. Lakshmi Bai wife of Raju R/o. 1-9-1113-27-F-350 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 11 Bhoodevi wife of Shankaraiah R/o. 1-9-1113-27-F-351 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 12 Smt. Venkata Narsamma wife of Patnaiah R/o. 1-9-1113/27/F-298 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. ] 13 Smt. Yadamma wife of Bheem Raj F-354, Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 14 Kantamma W/o. late Simhachalam Resident of F-76 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 15 M Santhosham W/o. Shanta Kumar R/o. F-166 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 16 G. Bhagya Laxmi W/o. Narasing Rao R/o. F-165 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 17 Venkatamma W/o. late Balraj R/o F-127 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 18 Smt. M. Laxmi Bai W/o.M. Venkateshe R/o F-191 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 19 Julekha Begum W/o.M.G. Murthuza R/o. F-223 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 20 Smt. D.V. Laxmi W/o.Yadaiah R/o.F-181 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 21 Smt. Tara W/o.G. Yadagiri R/o.F-192 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 22 Smt. Vijayalakshmi W/o.late Nandi Chani R/o.F-180 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 23 Smt. B. Manemma W/o.Narasimha R/o.F-183 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 24 Smt. V. Bhoodevi W/o.Madhusudhan R/o.F-184 Resident of Nagamayya Gunta, Musheerabad, Hyderabad.] 25 Smt. Jyothi W/o.Bhusanam R/o.F-195 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 26 Smt. K. Ananthamma W/o.Laxmaiah R/o.F-196 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 27 Vijayalakshmi W/o.Pratap Kumar R/o.F-169 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 28 T.P. Devanamma W/o.T.P. Joseph R/o.F-26-A, Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 29 A. Neelamma W/o.A. Satyanarayana W/o.F-112 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 30 Smt. K. Venkatamma W/o.Mallaiah R/o.F-105 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 31 Smt. R. Lakshmamma W/o.Mallaiah R/o.F-206 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 32 B. Suvarana W/o.Yadagiri R/o.F-118 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 33 Smt. Prameela W/o.Padma Rao R/o.F-40 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 34 Smt. K. Mallamma W/o.K. Durgaiah R/o.F-15 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 35 Smt. K. Lakshmamma W/o.K. Mallaiah R/o.F-194-A Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 36 Smt. B. Ellamma W/o.B. Yadaiah R/o.F-88 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 37 Smt. J. Lakshmi W/o.Maraiah R/o.F-153/B, Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 38 Smt. K. Balarani W/o.K. Ramulu R/o F-40 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. 39 Smt. K. Andalamma W/o.Mallaiah R/o F-112 Resident of Nagamayya Gunta, Musheerabad, Hyderabad. ..... PETITIONER(S) AND 1 The Commissioner, Municipal Corporation of Hyderabad Hyderabad. 2 The Deputy Project Officer, Urban Community Development Circle-III MCH, Hyderabad. 3 The District Collector, Hyderabad, Chiraj Ali Lane, Hyderabad. 4 The District Manager (housing) Urban corporation O/o. District Collector, Hyderabad Chirag Ali Lane, Hyderabad R4 is impleaded as per court order dt. 16-11-2005 in WPMP 26886 of 2005 .....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, direction or Order one in the Nature of a Writ of Mandamus declaring the action of Respondents in not regularising the unauthorised construction and taking steps to cancell the " D Forum" Pattas granted to petitioners as illegal arbitrary, and violative of Principles of natural justice and consequently direct the Respondents to regularise the unauthorised constructions in accordance of G.O.Ms.No. 73, MA dt. 3-3- 97,and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:SMT.BOBBA VIJAYALAKSHMI Counsel for the Respondent Nos.1 and 2: Mr.R.Ramachandra Murthy Counsel for the Respondent Nos.3 and 4: G.P. FOR REVENUE The Court made the following : ORDER: The petitioners seek to issue a writ of mandamus declaring the action of the respondents in not regularizing the unauthorized constructions and taking steps to cancel the ‘D-form’ pattas granted to them, as illegal and arbitrary and consequently to direct the respondents to regularize the unauthorized constructions in accordance with G.O.Ms.No.73, MA, dated 03.03.1997. It is the case of the petitioners that they have been granted ‘D-form pattas in respect of house sites in an extent of 50 square yards each and they have constructed their houses and according to the orders of the government, the unauthorized constructions are liable to be regularized. But, the respondents without following due process of law, threatened the petitioners to demolish their houses. A counter has been filed by the respondents stating that as per the G.O.Ms.No.73, MA, dated 03.03.1997, the permission sought for individual constructions cannot be given and with regard to threatening of petitioners to demolish their houses, it is stated that no action has been taken for demolition of the houses and the respondents never threatened the petitioners to demolish their existing structures. Having regard to the facts of the case, as there is no dispute with regard to grant of ‘D-form’ pattas and no steps have been taken for cancellation of said pattas and it appears that the writ petition has been filed only on the apprehension that the respondents are going to cancel the said pattas and demolish their unauthorized structures. Accordingly, the writ petition is disposed of directing the respondents not to take any coercive action against the petitioners except otherwise by following due process of law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:25.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KCS}