The Hon'ble Sri Justice R. Subhash Reddy W.P.No.6045 of 2004 Date : 27.08.2009 Between : Smt.Shareefunnisa Begum …..Petitioner And 1.The Commission, Municipal Corporation of Hyderabad, Office at TankBund, Hyderabad, and 2 others. …..Respondents Order : This Writ Petition is filed by the petitioners seeking a writ of Mandamus to declare the action of the respondents- authorities in issuing Gazette Notification bearing No.375, dated 07-09-2000, as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh Slums Improvement (Acquisition of Land) Act, 1956 (for short ‘the Act’). The Petitioners claim to be owners and possessors of land admeasuring Ac.2-10 guntas, in Survey Nos.139, 140 and 7/1 of Yellareddyguda, which is locally known as Pidakalagutta, and the structures raised thereon. It is their case that the said land was originally held by the late husband of the first petitioner by virtue of a registered sale deed, dated 4th Aban 1349 fasli (1940 A.D) and after his death, the same devolved on them. In this Writ Petition, it is stated that the houses constructed over the said land were under the occupation of the tenants and the first petitioner’s husband approached the Rent Control Tribunal for their eviction and the same were allowed. It is their grievance that though the said area is not a slum area, but at the instance of the tenants, who were evicted by due process of law, the impugned notification was issued without conducting proper enquiry and without making local survey under the provisions of the Act. It is also the petitioners’ case that the objections filed by them were not being considered by the respondents before taking further steps in the matter. Respondents filed their counter-affidavit categorically stating that after issuance of notice under Section 3(2) of the Act, the petitioners have filed objections and upon hearing the same, further action is kept in abeyance. In Paragraph 3 of the counter, it is stated that in view of the letter addressed by the Mandal Revenue Officer, Khairatabad, vide Lr.No.C/8036/97, dated 21-01-2004, to the effect that there are three families, apart from the petitioners, residing in the land in question, the respondents are not interested in acquiring the said land. In view of the said stand taken by the respondents as referred to above, the Writ Petition is allowed and Gazette Notification No.375, dated 07-09-2000, is hereby quashed. No order as to costs. ________________ R.Subhash Reddy, J 27th August 2009 lur