IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 16553 of 2008 Between: 1 M.Raghuram Reddy, S/o. Sanath Kumar Reddy, A/a.35yrs, R/o. 1-1-750/1, Gandhi Nagar, Hyderabad. rep. by GPA Sri.M.Krishna Kumar Reddy, S/o. M.Purushotham Reddy, A/a.73 yrs, R/o. 1-1-750/1, Gandhi Nagar, Hyderbaad. 2 M.Prashanth Reddy, S/o. Sanath Kumar Reddy, A/a. 40yrs, Gandhi Nagar, Hyderabad. Rep. by GPA Sri. M.Krishna Kumar Reddy, S/o. Sri.M.Purushotham Reddy, A/a. 73 yrs, R/o. 1-1-750/1, Gandhi Nagar, Hyderabad. ..... PETITIONERS AND 1 District Collector, Greater Hyderabad, Abids, Hyderabad. 2 Mandal Revenue Officer, Mandal Shekpet, Hyderabad 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 issue a writ of Mandamus or any other appropriate writ, order or direction, declaring the action of the 2nd respondent from stopping the work without issuing any show cause notice is as illegal, arbitrary and unconstitutional and without jurisdiction. Counsel for the Petitioners: MR.A.L.RAJU Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled by the petitioners stating that the 1st petitioner is an agreement holder for plot bearing No.332-J/111 at Road No.82, Jubilee Hillls, Hyderabad belonging to one Smt.Charu Sha and the 2nd petitioner is the registered owner of plot No.332-1-111 in S.No.403/1 (old), 120 (new) of Shekpet Village and 102/1 of Hakeempet Village admeasuring 429 square yards situated within the lay out of the Jubilee Hills Cooperative House Building Association. Their grievance in this writ petition is that the respondents, without any notice, are trying to interfere with their possession of their plots and stopping them from the construction work, which they have undertaken. Pursuant to the notice issued by this Court on 20.8.2008, the 1st respondent has ﬁled a counter aﬃdavit inter alia stating that the land, which the petitioners are claiming is part and parcel of the 120 feet width road as per the lay out of Jubilee Hills Cooperative Society and the petitioners, under the guise of their documents, are trying to take up the constructions by encroaching the road and, therefore, the executive staﬀ of the 2nd respondent –Mandal Revenue Oﬃcer, Shekpet Mandal has stopped the construction work on receiving the complaints from the local people. It is also stated that without obtaining necessary permissions viz., No Objection Certiﬁcate from the Collector, Hyderabad District and construction permission from the Greater Hyderabad Municipal Corporation, the petitioners are trying to raise illegal constructions on the road . In view of the above counter averments, at this juncture, the learned counsel for the petitioners sought permission of the court to withdraw the writ petition to agitate their rights before the competent civil court in view of the disputed questions of fact. Accordingly, the writ petition is dismissed as withdrawn with liberty as prayed for. N.V.RAMANA,J Dt.3.11.2008 msv