IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.2501 of 2006 Between: 1 G.Rajeshwar Reddy, s/o.Aga Reddy, R/o.2-7-767, Kanaka Durga Colony, Waddepalli, Hanamkonda, Warangal District. 2 G.Balaramulu, S/o.Parameshwaraiah, R/o.1-4-63/8/104, Sneha Nagar Colony, Habsiguda, Uppal, R.R.District. 3 R.Raja Reddy S/o.Venkat Reddy, R/o.Peechara Village, Dharmasagar Mandal, Warangal District. 4 P.Dayakar Reddy S/o.Jagannadha Reddy, R/o.2-4-37, Ramnagar, Hanamkonda, Warangal District. 5 P. Gurunadha Reddy S/o.Jagannadha Reddy R/o.2-4-37, Ramnagar, Hanamkonda, Warangal District. 6 T. Sunil Kumar S/o.Kedari, R/o.H.No.2-9-1210/1, Waddepalli, Hanamkonda, Warangal District. 7 T.(Varakoti) Neeraja W/o.Nagaraju R/o.2-10-42, Waddepalli, Hanamkonda, Warangal District. ..... PETITIONERS AND The Warangal Municipal Corporation, Warangal, Warangal District, rep by its Commissioner. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondent in acquiring the land of the petitioners to the extent of 333.33 Sq.Yards, 333.33 Sq.Yards, 333.33 Sq.Yards, 363 Sq.Yards, 363 Sq.Yards, 550 Sq.Yards and 150 Sq.Yards respectively covered by Sy No.45 (old) corresponding to new Sy.Nos.444 and 445 situated at Waddepalli Village, Central Excise Colony, Hanamkonda, Warangal District, without initiating proceedings under Land Acquisition Act and without payment of compensation for the land as illegal, arbitrary, violative of Article 300-A of the Constitution of India, and consequently direct the respondent and their subordinates not to interfere with the peaceful possession and enjoyment of the petitioners’ land covered by Sy.No.45 (Old) corresponding to new Sy Nos.444 and 445 situated at Waddepalli Village, Central Excise Colony, Hanamkonda, Warangal District and to grant such other relief or reliefs as this Hon'ble Court deems ﬁt and proper in the circumstances of the case. Counsel for the Petitioners: MR.A.PRABHAKAR RAO Counsel for the Respondent: MR.V.DURGA NAGESWARA RAO The Court made the following: THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.2501 of 2006 ORDER: This writ petition has been ﬁled by the petitioners, who are seven in number, assailing the action of the respondent in trying to dispossess them from their lands without following the due process of law. 2. It is the case of the petitioners that the petitioners 1 to 3 purchased the land to an extent of 333.33 sq.yards each covered by Sy.No.45 (old), corresponding new Sy.Nos.444 and 445, situated at Central Excise Colony, Waddepally, Hanamkonda, Warangal District, from Smt. Varakoti Yellamma W/o. Rajalingam, under registered sale deed dated 30.07.2005. Their vendor Smt. Varakoti Yellamma acquired the land under a registered gift settlement deed dated 08.03.2001 executed by her husband Varakoti Rajalingam, who, in turn, succeeded the property from his father late Varakoti Ramulu. The petitioners 4 and 5 purchased the land in an extent of 363 sq.yards each covered by Sy.No.45 (old), corresponding new Sy.Nos.444 and 445, situated at Central Excise Colony, Waddepally, Hanamkonda, Warangal District, under sale deed dated 24.04.1990, from one Varakoti Sudhakar and Varakoti Butchaiah; whereas the petitioners 6 and 7 got 550 and 150 sq.yards respectively under a gift settlement deed dated 19.11.2002 executed by Smt. Varakoti Bathkamma w/o Kedari. While so, their predecessors in title Varakoti Butchaiah s/o Jaggaiah, Varakoti Sudhakar s/o Komaraiah, Varakoti Rajalingam s/o Varakoti Jeedi Ramulu and T. Veeraswamy s/o Metramulu ﬁled O.S.No.176 of 1986 on the ﬁle of II Additional District Munsif Court, Warangal, against one P. Madan Mohan, President, Sri Lakshminarayana, Secretary, Central Excise Oﬃcers Housing Society Limited, Hanamkonda, Warangal, and Chairman, Selection Grade Municipality, Warangal, for permanent injunction and obtained a decree on 15.02.1989. The defendants therein did not choose to question the judgment and decree passed in the said suit. While so, the respondent is trying to interfere with the possession of the petitioners without following the due process of law. 3. The writ petition came to be admitted on 10.02.2006 and an interim order came to be passed on the same day in W.P.M.P.No.3049 of 2006. 4. When the writ petition came up for consideration, the learned Standing Counsel appearing for the respondent Corporation, submits that the respondent never interfered with the possession of the petitioners and that the respondent would follow due process of law in the event the lands in possession of the petitioners are required for any public purpose. 5. In that view of the mater, the writ petition is disposed of directing the respondent Corporation to follow the due process of law, in the event the lands in possession of the petitioners are required for any public purpose. No order as to costs. ________________________ B. SESHASAYANA REDDY, J 1st August, 2008. IBL