IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER, TWO THOUSAND EIGHT ONLY WRIT PETITION No.24481 of 2001 Between: M.N.V.Ravindra Babu, Proprietor, M/s.Real Cars and Auto Garage, Plot Nos.6, 7 and 8 in Sy.No.194/10, Patigadda, Begumpet village, Balanagar Mandal, Ranga Reddy District. … Petitioner And The District Collector, Ranga Reddy District, Khairtabad, Hyderabad and seven others. … Respondents Counsel for the petitioner: ---- Counsel for the respondents: AGP for Revenue for R.1 to R.4. None for R.5 to R.8. This Court made the following: ORDER:- This Writ Petition is ﬁled for a Writ of Mandamus to direct the respondents to forbear from demolishing any part of the constructions of the petitioner in the auto garage viz., M/s.Real Cars Auto Garage situated in Plot Nos.6,7 and 8 in Survey No.194/10 of Patigadda, Begumpet village, Balanagar Mandal, Ranga Reddy District, without following due process of law. Respondents 5 to 8 were impleaded at their instance by order dated 14-3-2002 passed by this Court in WPMP No.2230 of 2002. In their aﬃdavit respondents 5 to 8 stated that they have purchased the property under an agreement of sale from the original owner; that the writ petitioner has absolutely no right over the property and he illegally trespassed into the plots belonging to 5th respondent-Society; and that the petitioner, who is not a member of the Society, is not entitled to be in occupation of the land belonging to respondents 5 to 8. They also denied the claim of the petitioner that he was given assurance that all the above mentioned three plots will be given to him or receiving the amount of Rs.9,50,000 or any part thereof. They also pointed out that neither the plots were allotted to the petitioner nor any sale deed was executed by the Society in his favour. In the counter-aﬃdavit ﬁled by the Deputy Collector & Mandal Revenue Oﬃcer, Balanagar Mandal, Ranga Reddy District, respondent No.2 herein, it is, inter alia, mentioned that the ORC granted in respect of Ac.6.20 ½ cents in Survey No.194/10 of Begumpet village, Balanagar Mandal, subject to the condition that the occupants should ﬁle their declaration before the Special Oﬃcer & Competent Authority, Urban Land Ceiling, Hyderabad, was set aside by this Court in Writ Petition No.199 of 1998, dated 8-6-2001 and the case was remanded to the Inams Tribunal with a direction to consider the applications of the occupants under Section 4 of the Andhra Pradesh (Telangana Area) Abolition of Imams Act, 1955; that no land could be sold even before conﬁrmation of occupancy rights; and that, therefore, the Society has not derived any title. The pleadings of the respective parties make it clear the very entitlement of the original occupants of the ORC was in dispute as the enquiry into grant of ORC is pending after remand. Therefore, the right of the impleaded parties itself has not got crystallized. The petitioner, who claims to be assured that the impleaded respondents will sell the three plots to him, has no semblance of legal right over the property. Therefore, in the absence of any enforceable right, no Writ Petition, at his instance, can be maintained. For the above-mentioned reasons, the Writ Petition is dismissed. As a sequel to dismissal to dismissal of the Writ Petition, the interim order granted in WPMP No.30926 of 2001 stands vacated. ------------------------- ----------- C.V.NAGARJUNA REDDY,J Date: 22-9-2008 MNR