THE HON'BLE SRI JUSTICE B. PRAKASH RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.88 of 2002 DATE: 10.08.2009 Between: Mir Jaffar Ali and others … Appellants And Municipal Corporation of Hyderabad through its Commissioner, Hyderabad. … Respondent THE HON'BLE SRI JUSTICE B. PRAKASH RAO AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.88 of 2002 JUDGMENT: (Per Hon’ble Sri Justice B. Prakash Rao) At the request of both the learned counsel, the appeal itself is taken up for disposal. The only grievance of the appellants is in regard to the inaction on the part of the respondent corporation in payment of compensation in respect of the land acquired by it. Though it has been pointed out that in pursuance of the direction given by this Court, by an order dated 22.03.1990, in W.P.No.15299 of 1987, they submitted documents in proof of their title, claiming compensation in respect of the land taken over by the respondent corporation, holding that there was no proof on record, this Court dismissed W.P.No.14391 of 1992 filed by them seeking direction to the respondent corporation to redeliver the possession of the land and to pay compensation for using the land illegally, at the rate of Rs.10,000/- per annum since 1986 till delivery of possession, by an order dated 24.07.2001. Hence the appeal. Having heard the learned counsel on either side and on perusal of the material available on record and in view of the fact that the matter is still pending consideration by the respondent corporation, we deem it appropriate not to go into the merits of the case and It would suffice in the interest of justice, if the case of the appellants is once again considered by the respondent corporation. The appellants have already filed an application along with certain documents in proof of their title. However, the same was rejected, as stated in the counter affidavit filed by the respondent corporation in W.P.No.14391 of 1992. The respondent corporation did not file any counter in the earlier W.P.No.15299 of 1987 disputing the averments made by the appellants in the affidavit filed in support of the said writ petition. Therefore, the appellants are hereby directed to file a fresh application along with the documents in support of their title, within a period of one week from today, and the respondent corporation shall consider the same and pass appropriate orders, in accordance with law, after giving due notice to the appellants. This exercise shall be completed, within a period of one month from the date of filing of application by the appellants. Subject to the above, the writ appeal is disposed of. No costs. _________________ B. PRAKASH RAO, J ________________ SANJAY KUMAR, J 10th August, 2009. cbs THE HON'BLE SRI JUSTICE B. PRAKASH RAO & THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.88 of 2002 (Disposed of) 10th August, 2009 CBS