IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 23798 of 2002 Between: 1.Ayesha Begum, W/o. Mazharullah, R/o. Government Quarter No. 5-10-37, Band Lines, Hyderabad. 2.Mohammed Rafiq, S/o. Mohd.Sharfuddin, R/o Govt.Quarter No.5-10-37, Band Lines, Hyderabad. ..... PETITIONERS AND 1 Government of Andhra Pradesh, Rep. by its Prl. Secretary, General Administration Department, Secretariat Building, Saifabad, Hyderbad. 2 The Deputy Secretary, General Administration Department, (Accommodation B), Government of Andhra Pradesh, Secretariat Building, Saifabad, Hyderabad. 3 The Estate Officer, Hyderabad & Secunderabad, Khairatabad, Hyderabad. .....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 appropriate writ, order or direction, more particularly one in the nature of Writ of Certiorari calling for the records relating to impugned eviction order passed by the 3rd respondent herein in his proceeding no.B1/1345/2000, dated 23-1-2001 as confirmed by the order and decree dt.3-10-2002 passed in CMA 14/2001 on the file of the Chief Judge, City Civil Court, Hyderabad and quash the same as being illegal, null and void, arbitrary and violative of article 14 of constitution of India and as well as the well established principles of natural justice, by declaring that the petitioners herein in general and the 2nd petitioner herein particular are entitled for allotment of Government Ex-Military quarter No.5-10-37, situated at Band Lines, Hyderabad in the interest of justice. Counsel for the Petitioners: MR.M.V.BHARATI Counsel for the Respondents: GP FOR GENERAL ADMINISTRATION The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM Writ Petition No.23798 of 2002 ORDER: Heard the learned counsel for the petitioners, Sri M.V.Bharathi. In the writ petition, the order, dated 03.10.2002, passed by the learned Chief Judge, City Civil Court, Hyderabad dismissing C.M.A.No.14 of 2001 and confirming the order of eviction passed by the third respondent, dated 23.01.2001, is challenged. Both the petitioners are in occupation of Government Quarter No.5-10-37, Band Lines, Hyderabad. The third respondent passed an order, dated 23.01.2001, directing the petitioners to vacate the Government accommodation. The quarter is an Ex-military quarter and was initially allotted to one Md.Mazharulla. The premises was never allotted in favour of the petitioners. The first petitioner claims to be the daughter of Syed Karimuddin, an Ex- serviceman of Nizam’s disbanded army and fostered granddaughter of Lal Mohammed. Neither of these persons, Syed Karimuddin or Lal Mohammed, have anything to do with the quarter in question. The first petitioner appears to have taken possession of the Government Quarter. The third respondent and the learned Chief Judge, City Civil Court, Hyderabad concurrently found that the petitioners were not entitled to continue in possession and directed eviction. No case is made out in this writ petition either in the pleadings or in the oral arguments, warranting interference with the orders of the third respondent, dated 23.01.2001, as confirmed by the order of the learned Chief Judge, City Civil Court, Hyderabad, dated 03.10.2002, in C.M.A.No.14 of 2001. In the circumstances, the writ petition is dismissed. The interim order, dated 28.11.2002, stands dissolved forthwith. No costs. _____________________ GODA RAGHURAM, J Dt.03.02.2009 VGB