IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5748 of 2008 Between: 1 Mrs. Tayyaba Sultana, W/o. Late Mohd. Wasifuddin, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Business R/o. H.No. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 2 Mr. Mohd. Baburuddin, S/o. Late Mohd. Wasifuddin, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 3 Mr. Mohd. Fakruddin, S/o. Late Mohd. Wasifuddin, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 4 Mr. MOhd. Nizamuddin, S/o. Late Mohd. Wasifuddin, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 5 Mr. Mohd. Basheeruddin, S/o. Late Mohiuddin Ali, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 6 Mr. Mohd. Fayaz Mohiuddin, S/o. late Mohd. Asifuddin, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 7 Mr. Mohd. Afzal Mohiuddin, S/o. late Mohd. Asifuddin, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 8 Mr. MOhd. Iftekharuddin Mohiuddin, S/o. late Mohd. Asifuddin, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 9 Mr. Mohd. Azher Mohiuddin, S/o. late Mohd. Asifuddin, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 10 Mr. Mohd. Mohiuddin, S/o. late Mohd. Asifuddin, Opp: Balshetty Kheth Play Ground, Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.No. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 11 Mohd. Rautubuddin, S/o. late Mohd. Mohiuddin Ali, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 12 Mohd. Qutubuddin, S/o. late Mohd. Mohiuddin Ali, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 13 Smt. Waheedunnisa Begum, S/o. late Mohd. Mohiuddin Ali, Opp: Balshetty Kheth Play Ground, Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 14 Zehra Jabeen, D/o. Late Mohd. Mohiuddin Ali, Opp: Balshetty Kheth Play Ground, Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. 15 Mehjabeen, D/o. Late Mohd. Mohiuddin Ali, Opp: Balshetty Kheth Play Ground,Inside Dabeerpura, Hyderaba (Rep. by their G.P.A. Holder Sri A. Pandu Rangam, S/o. Late A. Veeraiah Jee, Aged about 53 Years, Occ: Busines R/o. H.NO. 16-1-506/3, Tirumala Bhavan, Saidabad, Hyd., A.P. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. by its Special Deputy Collector, Land Acquisition, Unit-IV, ORR, HUDA, Tarnaka, Hyderabad. 2 The Deputy Tahsildar, ORR, Unit-IV, HUDA, Tarnaka, Hyderabad. 3 The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. .....RESPONDENT(S) 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 directions more particularly one in the nature of Writ of CERTIORARI or any other appropriate writ, call for the records, quash the impugned notice Lr.No. LA/Unit-IV/43-1/2005, dated 20-12-2007 issued by the Respondent No.1, and direct the Respondent to conduct detailed enquiry after giving notices to all the interested parties. Counsel for the Petitioner:MR.MUDDU VIJAY Counsel for the Respondent No.: GP FOR LAND ACQUISITION The Court made the following : Form-NIC-OGS/WP{SPJS} O R D E R:- This writ petition is filed to quash the Notice dated 20.12.2007 issued by the 1st respondent-Government, and consequently direct the respondents to conduct a detailed enquiry after giving notice to all the interested parties. The petitioners assert that they are the absolute owners of an extent of Ac.22.28 guntas of land in S.Nos.576/E and 577/AA situated in Ghatkesar village, Ghatkesar Mandal, Rangareddy District. While so, an extent of Ac.03.00 guntas in S.No.576/E and Ac.05.20 guntas in S.No.577/AA of the total extent were acquired for the formation of Outer Ring Road by way of a Notification issued under Section 5-A of the Land Acquisition Act (for brevity “the Act”), which was published on 8.1.2007 showing the name of the petitioners and their predecessors as pattedars in respect of the lands in question. When the petitioners filed their objections on 29.6.2007, the Land Acquisition Officer issued a Notice dated 2.7.2007 to the petitioners directing them to submit all the relevant documents and legal heir certificates to prove their title, and accordingly, they produced all the required documents. Now, the petitioners’ grievance is that the 1st respondent-Government, without affording them an opportunity of being heard and without following the due procedure laid down under the Act, issued the impugned Notice dated 20.12.2007 rejecting the petitioners’ claim on the ground that the lands in question were already sold away by the then pattedars and several sale transactions of the lands in question were executed. Heard the learned counsel for both the parties and perused the material placed on record. On an earlier occasion, when this matter was taken up, this Court directed the learned standing counsel for H.U.D.A. and Outer Ring Road to get instructions. Now, the learned standing counsel has submitted that an Award enquiry was already over, but Award has not yet been passed. In the light of the submission made by the learned standing counsel, the petitioners are hereby directed to appear before the Land Acquisition Officer and claim with regard to the payment of compensation towards acquisition of their lands. The petitioners’ claim shall be decided in accordance with law within a period of four weeks from today, and till such time, the respondents shall not pass any Award. Consequently, the impugned Notice dated 20.12.2007 whereby the petitioners’ claim is rejected, is hereby set aside. Accordingly, the writ petition is allowed. No costs. ________________ 24.04.2008 bcj