THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24504 of 2002 Dated:30.09.2010 Between: Sri N.V.K.Prasad ….Petitioner And The Collector, Hyderabad District, Hyderabad, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.24504 of 2002 ORDER: The petitioner seeks a writ of mandamus declaring the action of respondent Nos.1 and 2 in demolishing a part of the structure over an extent of 211 square yards in plot No.133 in survey No.29 forming part of a layout of Madhuranagar Cooperative Housing Society (hereafter called, Society) situated at Zamisthanpur Village of Musheerabad Mandal, Hyderabad, as illegal and arbitrary. He also seeks a consequential direction. The case of the petitioner is that the Society obtained clearance from the authorities under the Urban Land (Ceiling and Regulation) Act, 1976, and got a layout prepared for selling the plots to members. The layout was approved by the Hyderabad Urban Development Authority (HUDA), and the same was released by Municipal Corporation of Hyderabad. The petitioner obtained building permission on 24.04.1996, but could not start construction. When he commenced the construction in November 2002, the second respondent came to the place on 30.11.2002 and demolished a portion of the structure without giving any valid reason. The second respondent allegedly revealed that the property belongs to the Government. Therefore, the present writ petition is filed. The second respondent filed a counter affidavit. In paragraph 3 thereof, it is stated as under. …That it may be true that the society has obtained clearance from the U.L.C and M.C.H authorities in Sy.No.29 but same society members have trying to, encroach in to the adjacent Government land in Sy.No.28 correlates to T.S.No.3, Block-C Ward No.144 of Zamisthanpur village which was stopped by this respondent. The petition schedule land falls in Sy.No.29, corresponds to T.S.No.4, Block-C, Ward No.144 of Zamisthanpur village, which is a patta land. Since the land is a patta land, the question of removing or threatening to remove the petitioner from the writ petition land does not arise. The contention of the petitioners that on 30.11.2002 the respondent No.2 has come with squad and demolished a portion of the schedule property is false and far away from truth. In fact, the writ petition land is vacant on ground that there is no structure is existing. This respondent has nothing to do with the private property and the petitioners title over the writ petition land is not being questioned by this respondent, as the land is a patta land. Hence the allegation that this respondent has visited the site and demolished a portion of the suit land is false and baseless… (emphasis supplied) The petitioner has not filed any reply affidavit denying the above counter averments. From these, two things can be inferred. The members of the Society tried to encroach upon the Government land in Survey No.28 (correlating to T.S.No.3, Block-C, Ward No.144 of Zamisthanpur Village), and therefore, the revenue Officials stopped such encroachment. The land in Survey No.29 correlating to T.S.No.4, Block-C, Ward No.144 of Zamisthanpur Village is a patta land, and the second respondent never visited the site nor demolished the structure because there is no structure thereon. In view of this, the prayer as prayed, must be denied. As both the Counsel agree that if the petitioner is in possession he cannot be disposed nor his constructions can be removed without due process of law, the writ petition is disposed of observing that unless and until proper enquiry is conducted after giving notice to the petitioner, respondents cannot interfere with the petitioner’s property comprised in plot No.133 admeasuring 211 square yards comprised in Survey No.29 of Zamisthanpur Village of Musheerabad Mandal in Hyderabad District. The Writ Petition is disposed of accordingly. There shall be no order as to costs. __________________ (V.V.S.RAO, J) 30.09.2010 vs