IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NOs: 33189 of 1998 and 6925 of 1999 WRIT PETITION NO: 33189 of 1998 Between: 1.M/s. Ayodhyanagar Co.operative Housing Society Ltd., Rep. President – K.Venkateswara Rao, S/o.Sri Ramulu, Off: 6.1.1060/8, Hotel Dwaraka Buildings, Lakdikapool, Hyderabad. (Reg.No.TA.362). 2.Mohd Asifuddin Hussain, S/o. Late Mohd.Khaleemluddin Hussain, R/o. Jahandar Manzil, 12.2.790, Sifanagar, Hyderabad. ..... PETITIONERS AND 1 Government of Andhra Pradesh, Rep. by its Secretary to Government Revenue (UC.II) Department, Secretariat Buildings, Hyderabad. 2 The Commissioner of Land Reforms & Urban land Ceiling, Andhra Pradesh, Hyderabad. 3 The Special Officer & Competent Authority, Urban Land Ceilings, Hyderabad. 4 The District Collector, Hyderabad District, Hyderabad. 5 The Mandal Revenue Officer, Golconda Mandal, Vijayanagar Colony, Hyderabad. 6 The President, Ambedkar Harijane Seva Sangham, R/o. 2.2.790/A/15, Rethi Bowli, Ambedkar Nagar, Mehdipatnam, 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 a writ, order or direction more in the nature of Writ of Mandamus declaring the action of the respondents in not taking steps to evict the members of respondent No. 6, society from the land which was illegally assigned to them by the Collector, Hyderabad in S.No.335/1, of Guddimalkapur Village during the pendency of W.P.No.2/94 and in not taking steps to handover the land to an extent of Ac.1.20 guntas in S.No.335/1 (Which is retainable land) in the light of Judgment in W.P.No.2/94 read with the orders of the Government of their Memo No.49414/UC.II(2)/96-12, dated 16/09/1998 and the subsequent action of the court in issuing the orders in their Memo No. 84508/UC.II(2)/98-1, dated 25/11/1998 at the instance of the respondents No. 3 and 4 herein while keeping the orders dated 16/09/1998 in abeyance with a view to have denove examination of the whole issue as illegal, arbitrary, discriminatory, malafide and consequentially to direct the respondents 2 to 5 to take over the land in question from the assignees who are the members of the 6th respondent society and to restore the same to the petitioners forthwith (The Prayer is amended as per Court Order dt. 30.12.98 in WPMP 43656/98). Counsel for the Petitioners: MR.MUMMANENI.SRINIVASA RAO Counsel for the Respondents: THE ADVOCATE GENERAL WRIT PETITION NO : 6925 of 1999 Between: 1.Afzal Begum, W/o Syed Ibrahim, R/o H.No.16-3-169, chenchalguda, Hyderabad. 2.Md. Azmathali, s/o Md. Shouquat Ali, R/o H.No.16-3-169, chenchalguda, Hyderabad. (Petitioners 2 to 7 are represented b y the GPA Syed Akram, S/o Late Syed Ibrahim, aged about 38 Occ: Business, R/o H.No.16-3-169, chenchalguda, Hyderabad. 3.Mehraj Saheen, D/o Md. Shouquat Ali, R/o H.No.16-3-169, chenchalguda, Hyderabad. (Petitioners 2 to 7 are represented b y the GPA Syed Akram, S/o Late Syed Ibrahim, aged about 38 Occ: Business, R/o H.No.16-3-169, chenchalguda, Hyderabad. 4.Md. Liaquat Ali, S/o Md. Shouquat Ali, R/o H.No.16-3-169, chenchalguda, Hyderabad. (Petitioners 2 to 7 are represented b y the GPA Syed Akram, S/o Late Syed Ibrahim, aged about 38 Occ: Business, R/o H.No.16-3-169, chenchalguda, Hyderabad. 5.Md. Khaleeluddin, S/o Md. Shouquat Ali, R/o H.No.16-3-169, chenchalguda, Hyderabad. (Petitioners 2 to 7 are represented b y the GPA Syed Akram, S/o Late Syed Ibrahim, aged about 38 Occ: Business, R/o H.No.16-3-169, chenchalguda, Hyderabad. 6.Siraj Parveen, D/o Md. Shouquat Ali, R/o H.No.16-3-169, chenchalguda, Hyderabad. (Petitioners 2 to 7 are represented b y the GPA Syed Akram, S/o Late Syed Ibrahim, aged about 38 Occ: Business, R/o H.No.16-3-169, chenchalguda, Hyderabad. 7.Md. Sadat Ali, S/o Md. Shouquat Ali, R/o H.No.16-3-169, chenchalguda, Hyderabad. (Petitioners 2 to 7 are represented b y the GPA Syed Akram, S/o Late Syed Ibrahim, aged about 38 Occ: Business, R/o H.No.16-3-169, chenchalguda, Hyderabad. ..... PETITIONERS AND 1 The Govt of A.P., Rep by Secretary, Revenue (UC.II) Secretatiat, Hyuderabad. 2 The commissioner of Land Reforms Urban Lands Ceilings Nampally St. Rd., Hyderabad. 3 The sepcial Officer & Competent Authority Urban Land Ceilings M.J.road, Opp: Exhibition Grounds, Nampally Station Raod, Hyderabad. 4 The dist Collector Nampally Station Raod, Hyderabad, 5 The MRO., Golconda, Vijayanagar Colony, Hyderabad, 6 The President Ambedkar Harijan Seva Sangam H.No.12-2-790/A/15,, Rethibowli, Ambedkarnagar, Medipatnam, Hyderabad. 7 M/s Aydyanagar Coop. Housing society Ltd., Hyderabad. H.No.6-1-1060/8, Hotel Dwaraka Buildings, Lakdikapool Hyderabad. 8 Md.Asifuddin Hussain, s/o Late Md. Khaleeluddin Hussain, H.No.8-1-21/71, Suryanagar colony, Thowlichowki, 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 an appropriate writ more in the nature of writ of Mandamus quashing the orders issued by R-1 tp R-5 from time to time on the representation made by R7 or R8 and directing the respondents not meddle with in respect of 2929.03 sq.mets. in Sy.No. 335/1, Guimalakapur Village, Ayodyanagar, Golconda Mandal, Hyderabad decreed to the petitiners as per the final decree dt:11-9-95 on the file of the Ist Addl. Sub Judge RR.Dist at Saroornagar not ot disturb the possession of the petitioners to the extent of 2529.03sq.meters. Counsel for the Petitioners: MR.MOHD. AZIZULLAH KHAN Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition Nos.33189 of 1998 and 6925 of 1999 COMMON ORDER: The learned Advocate General would place before this Court a copy of Memo No.84508/UC.IV/98-17, dated 19.12.2007, and submit that as a result of the aforesaid order, the cause in both the writ petitions does not survive and that the writ petitions have become infructuous. Sri M.R.K.Chowdary, learned Senior Counsel appearing on behalf of the petitioners in W.P.No.33189 of 1998, would request the Court to leave it open to the petitioners, if they are so aggrieved, to challenge the aforesaid Memo, dated 19.12.2007. Leaving it open to the petitioners in both the writ petitions, if they are so aggrieved, to challenge the Memo, dated 19.12.2007, both the writ petitions are dismissed as infructuous. No costs. _____________________ Ramesh Ranganathan, J Dt.17.03.2009 VGB