IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 22064 of 2004 Between: 1 P. Kousalya, D/o. M. Sathaiah, R/o. 1-6-291, Zamistanpur, Hyderabad. 2 P. Geeta, D/o. P. Ramulu, R/o. 1-6-291, Zamistanpur, Hyderabad. 3 S. Venkateshwar Rao S/o. S. Laxmaiah, R/o. 8-2-459, Kummariguda, Secunderabad. 4 Dr. P. Padma, D/o. P. Ramulu, R/o. 1-6-291, Zamistanpur, Hyderabad. 5 P. Sulochana, W/o. P. Yadagiri, R/o. 1-6-291, Zamistanpur, Hyderabad. 6 A. Pramila, W/o. A. Yadaiah, R/o. RBI Quarters, Ameerpet, Hyderabad. 7 A. Padmavathi, W/o. A. Ashok, R/o. 15-6-149, Kolsawadi, Begum Bazar, Hyderabad. 8 P. Narahari, S/o. P. Gandaiah, R/o. 12-11-420/1, Warasiguda, Secunderabad. 9 A. Revathi, W/o. A. Ravinder, R/o. 15-6-149, Begum Bazar, Hyderabad. 10 G. Ganesh, S/o. G. Sathaiah, R/o. 1-6-212/65/107/135, Gangaputra Colony, Musheerabad, Hyderabad. 11 G. Naresh Babu, S/o. G. Ganesh, R/o. 1-6-212/65/107/135, Gangaputra Colony, Musheerabad, Hyderabad. 12 V. Ahalya Reddy, W/o. V. Venkateswar Reddy, R/o. 1-6-249/10, Friends Colony, Zamistanpur, Hyderabad. ... PETITIONERS AND 1 The Station House Officer, Musheerabad Police Station, Hyderabad. 2 The Mandal Revenue Officer, Musheerabad Mandal, Lower Tank Bund Road, Hyderabad. 3 M/s. Gangaputra Cooperative Housing Society Limited, Having its Office at Plot No.1, Gangaputra Colony, Musheerabad, Hyderabad, Rep. by its Secretary, Sri C. Bala Narasimham. ...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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 1st and 2nd respondents in trying to dispossess the petitioners from Plot No.31, 32, 22, 7, 30, 18, 19, 20, 3, 12, 25 and 2 respectively covered by Sy.Nos.1, 2, 3, 4, 5, 162 and Abadi Lands, situated at Gangaputra Colony, Zamistanpur, Hyderabad, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the 1st and 2nd respondents not to interfere with the peaceful possession and enjoyment of the petitioners in respect of their said plots without following due process of law, in the interest of justice. Counsel for the Petitioners: MR.P.SHIV KUMAR Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: The only grievance of the petitioners is that the respondents 1 and 2 are interfering with their peaceful possession and enjoyment. 2. Learned Government Pleader appearing for the respondents, on instructions, submits that the petitioners have no right over the property in question and that the respondents never tried to dispossess the petitioners from the said plots. 3. I am not inclined to express any opinion with regard to the right, title, possession or interest of the petitioners over the said property. In view of the categorical denial of all the allegations stating that the respondents never tried to interfere with the possession and enjoyment of the petitioners, I am of the opinion that the disputed questions of fact cannot be decided in a writ petition. The writ petition is accordingly closed. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 23, 2008 DSK