IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 619 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/02/2009 in WP NO : 14453 OF 2008 on the file of the High Court.) Between: 1 Iqbal Islam Khan S/o. Late Moinuddin Islam Khan R/o. H.No. 14-2-327, Gosha Mahal, Hyderabad. 2 Najmuddin Islam Khan S/o. Late Nizamuddin Islam Khan R/o. H.No. 14-2-327, Gosha Mahal, Hyderabad. 3 Habeeb Islam Khan S/o. Late Qutubuddin Islam Khan R/o. H.No. 14-2-327, Gosha Mahal, Hyderabad. 4 Iftekhar Islam Khan S/o. Late Khaleeluddin Islam Khan R/o. H.No. 14-2-327, Gosha Mahal, Hyderabad. ..... APPELLANTS AND 1 Bhoja Gutta Weaker Section Welfare Association (Reg. 52/96) Rep. by its President E. Raju S/o E. Baddi Raju R/o 12-2-798/2/19/VVNII/276, Bhojagutta Mehdipatnam, Hyderabad. 2 Narsing Yadav, General Secretary, Bhoja Gutta Weaker Section Welfare Association (Reg 52/96) S. B. Mallaiah R/o 12-2-708/2/19/VVNII/39, Bhojagutta Mehdipatnam, Hyderabad. 3 Shivaji Nagar Weaker Section Association (7511/99) Rep. by its President, J. Ravi S/o Ramaiah R/o 12-2- 890/B/SNI/55, Shivaji Nagar, Bhojagutta, Mehdipatnam, Hyderabad. 4 G. Bala Swamy S/o Ranganna General Secretary Shivaji Nagar Weaker Section Association R/o 12-2- 790/B/SN2/106, Shivaji Nagar, Bhojagutta, Mehdipatnam, Hyderabad. 5 Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 6 The District Collector, Hyderabad District, Nampally Station Road, Hyderabad. 7 The Tasildar, Asif Nagar Mandal, Hyderabad. 8 Mustaffa Hills Residential Colony Association, 11-3-824/1/1 Farooqui Manzil, Hyderbad, Rep. by its President. 9 Ayodhya Nagar Mutually Aided Co-operative Housing Society, Rep. by its President, through Special Officer, & Competent Authority, Urban land ceiling, Hyderabad. .....RESPONDENTS Counsel for the Appellant:MR.E.MADAN MOHAN RAO Counsel for the Respondent No.: MR.K.S.MURTHY The Court made the following : ORAL JUDGMENT: (per the Hon’ble Smt. Justice T.Meena Kumari) Aggrieved by the order, dated 25.02.2009 made in WP No.14453 of 2008 by a learned Single Judge with certain directions to respondents 5 and 6 herein, the present writ appeal is filed after obtaining leave, inasmuch as the appellants claim that they are not made parties to the above writ petition even though they are owners of the subject land. The respondents 1 to 4 herein filed the above writ petition challenging the issuance of G.O. Ms. No. 351 Revenue (UC-II) dated 17.3.2008; GO Ms. No. 328 Revenue (UC-II) Dated 12.3.2008 GO Ms. No. 303 Revenue (UC-II) Dated 10.3.2005 and GO Ms. No. 220 Revenue (UC-II) Dated 20.2.2008 issued by the Government of Andhra Pradesh in terms of GO Ms. No. 455 dated 29.7.2002 allotting the lands in favour of the respondents 8 and 9 societies and the consequential order to handover the possession of the land in Sy. No. 297/1, 297/2 and 298/1, TS No. 17, 13/6 and 12 of Gudimalkapur, Bhojagutta, Asif Nagar Mandal, Hyderabad, to the respondents 8 and 9, housing societies. It is case of the writ petitioners that the respondent No. 5 herein has ignored the interests of existing residents of the land. It is case of the appellants herein that they are the owners and in possession of the land by virtue of the decree in Case No. 112/14 of 1355 Fasli passed by the Addl. Special Judge, City Civil Court, District Atraf Balda, Hyderabad Deccan dated 27th Urdi Bahisht, 1356 Fasli. It is also their case that none of the writ petitioners are in possession of the land. It is also their case that inspite of bringing the facts by way of objections/representations to the fifth respondent - Government, its has allotted the land in favour of the respondents 8 and 9 vide GO Ms. No. 303 dated 10.3.2005 and GO Ms. No. 328 dated 12.3.2008, treating the land as surplus land and under the guise of the said G.Os. the respondents 1 to 4, 8 and 9 have encroached the subject lands. Therefore the appellants herein have filed LGC No. 39 of 2004. Thereafter, assailing the said G.Os. and the order passed by the Special Officer and Competent Authority under Sec. 8(4) and 10(3) of the Urban Land Ceiling Act, the appellants herein filed WP No. 22561 of 2008 and 27590 of 2008 and by order dated 18.10.2008 this court stayed all further proceedings pursuant to GO Ms. No. 328 dated 12.4.2008. The case of the respondents in the writ petition is that sale deeds were executed and agreements of sale have been entered into in favour of the Housing Societies by the landowners and since the land is vested in the Government, in terms of GO Ms. No. 455 dated 29.7.2002 applications were made for extension of time. It is further stated that that the interests of the members of the writ petitioner societies have been taken into account and a vast extent of Ac.13.00 was set apart for accommodating the existing residents/ dwellers. It is further stated that proposals are afoot for implementation of an Urban Development Scheme for such beneficiaries. The learned Single Judge having taken note of these facts disposed of the writ petition, which is impugned in the present Writ Appeal, with the following directions: a) upholding the impugned G.Os. subject to the condition that respondents 1 and 3 shall demarcate and set apart an extent of Acs.13.00 for the exclusive benefit of the persons who are in long standing possession of parts of the said land; b) the respondent 1 and 2 shall prepare a list of the long standing occupants of the land that have constructed their houses, with reference to their ration cards or other similar proof and consider their cases, as and when any scheme for construction of permanent houses is taken up; and c) no religious structures such as temples over the land shall be demolished or otherwise affected in the process of implementation of the G.Os. Aggrieved thereby, the appellants herein preferred this Writ Appeal seeking leave of the court. It is their further case that they filed WP No. 1156 seeking a direction to the respondents not to change the nature of land and not to allot Ac.13.00 of the land to third parties for taking up the Housing Scheme in Sy. Nos. 294/1 to 5, 294/7 to 10, 294/12, 297/1, 297/2/1, 297/3/1, 298/1 and 299/1, Gudimalkapur village, Asif Nagar Mandal, Hyderabad and this court by order dated 29.1.2009 has directed to maintain status quo as regards possession. It is also the case of the appellants herein that the factum of pendency of writ petition No. 1156 of 2009 which assails the issuance GO Ms. No. 303 Revenue (UC-II) Dated 10.3.2005 was not brought to the notice of the learned Single Judge, which resulted in passing of the impugned order and, therefore, the impugned order is liable to be set aside. The learned counsel appearing on behalf of the appellants vehemently contends that the learned Single Judge has not assigned any reason in upholding the G.Os. and, therefore, when the validity of the said G.Os. itself is not established by cogent and acceptable material or by a reasoned order, the further direction to prepare the list of long standing occupants of the land and the construction of their houses with reference to their ration cards or other similar proof and to consider their cases as and when the implementation of the scheme of permanent houses takes place, is beyond the scope of the writ petition. Whereas it is contention of the learned counsel appearing on behalf of the respondents 1 to 4, 8 and 9 herein that the respondents are in possession of the land pursuant to various G.Os. issued by the first respondent and, therefore, the appeal filed after seeking leave does not merit consideration. Having regard to the facts and circumstances and having heard the counsel on either side, in extenso, we are in agreement with the contention of the learned counsel for the appellant that the order impugned in this Appeal lacks reasoning in upholding the G.Os. more particularly in view of the fact that the pendency of WP No. 1156 of 2009 and other writ petitions assailing the said G.Os., is neither brought to the notice of the learned Single Judge nor there is any reference in that regard. As can be seen from counter of the official respondents, an extent of Ac.13.00 was allotted to the District Collector, Hyderabad District for taking up the Weaker Sections Housing Scheme, which, on challenge, was stayed by this court and status quo was ordered to be maintained. Therefore, under the above circumstances, without adverting to merits or otherwise of the contentions raised in this appeal, we are of the considered view that the parties need to raise all the pleas open to them in the pending writ petitions and seek adjudication. In view of the fact that no reasons are assigned for upholding the G.Os., as held by the learned Single Judge, the impugned order is liable to be set aside to that extent. Hence the Writ Appeal is allowed in part setting aside the impugned order to the extent of upholding the G.Os. There shall be no order as to costs. ____________________ Justice T.Meena Kumari __________________ Justice Sanjay Kumar June 24, 2009 MAS.