IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 23437 of 1996 Between: 1 Khaja Miyan s/o Pasha Miyan R/o 8-41, Kaitlapur Mandal, Balanagar, R.R. District. 2 Balija Veerappa s/o N. Nagappa R/o 8-23, Kaitlapur Mandal, Balanagar, R.R. District. 3 Balija Shankarappa s/o Veerappa R/o Bhavaninagar, Moosapet, Rangareddy District. ..... PETITIONER(S) AND 1 The District Collector, Rangareddy district at Khairtabad khairtabad. Hyderabad. 2 The Mandal Revenue Officer, Balanagar mandal Balanagar Rangareddy district. 3 The A.P. Housing Board Rep. by its Chairman Gruhakalpa, Hyderabad. .....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 writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the actions of the respondent in resorting to dispossess the first petitioner from his land measuring 22 guntas in sy.no.952 and petitioners 2 and 3 from their land measuring 1 acre 16 gts. in sy.no.955 both situated at KhaitalpurH/o Kukatpally village, Balanagar mandal, Rangareddy district as illegal, improper and in violation of Article 19 of the Constitution of India and further pleased to direct the respondents not to dispossess the petitioners unless the lands in question are acquired under the acquisition law or under any law for the time being in force and be pleased to pass Counsel for the Petitioner:MR.VIJAY KUMAR HEROOR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO. 23437 OF 1996 ORDER: 1st Petitioner claims that he is in possession of Ac.0-22 guntas in Survey No.952 and petitioners 2 and 3 claim that they are in possession of Ac.1-16 guntas in Survey No. 955, situated at Khaitalpur H/o Kukatpally village, Balanagar Mandal, Ranga Reddy District and alleging that the respondents, particularly Housing Board, is trying to dispossess them without following due process of law, the present writ petition is filed. A.P. Housing Board-3rd respondent has filed counter affidavit mentioning that the entire survey Nos. 952 and 955 as claimed by the petitioners were acquired by the Government under Section 4(1) of the Land Acquisition Act as early as on 24-4-1963 and just market value of the land was also paid to the petitioners. This writ petition is filed suppressing the above said facts and without making any mention of the fact that title already vests with the 3rd respondent. The said fact remained uncontroverted as no reply affidavit has been filed. However, the learned counsel for the petitioner is not able to substantiate any claim in support of his contention. The writ petition is without any merits and it is hereby dismissed with costs. ____________________________ Justice Vilas V. Afzulpurkar 16th December, 2008. KM THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO. 23437 OF 1996 16th December,2008