IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 9962 of 2009 Between: 1 Sm.t A.Amrutha, W/o. A.Bhadraiah, R/o. Plot No.336, Mahankali Nagar, Samshiguda Village, Balanagar Mandal, Ranga Reddy District. 2 Smt. Pentamma, W/o. Narasaiah, R/o. Plot No.1235, Mahankali Nagar, Samshiguda Village, Balanagar Mandal, Ranga Reddy District. 3 Smt. Y.Prameela, W/o. Sri Ramulu, R/o. Plot No.228, Mahankali Nagar, Samshiguda Village, Balanagar Mandal, Ranga Reddy District. 4 Smt. Yellamma, W/o. shivaiah, R/o. Plot No.922, Mahankali Nagar, Samshiguda Village, Balanagar Mandal, Ranga Reddy District. 5 Smt. S.Radha Rani, W/o. Sreeramulu, R/o. Plot No.1380, Mahankali Nagar, Samshiguda Village, Balanagar Mandal, Ranga Reddy District. 6 Smt. P.Vijaya Laxmi, W/o. P.S.Hari, R/o. Plot No.1369 Mahankali Nagar, Samshiguda Village, Balanagar Mandal, Ranga Reddy District. 7 Smt. K.Kamala, W/o. Subash, R/o. Plot No.51 Mahankali Nagar, Samshiguda Village, Balanagar Mandal, Ranga Reddy District. ..... PETITIONERS AND 1 The District Collector, Ranga Reddy District. 2 The Special Grade Deputy Collector & Revenue Divisional Officer, Chevella Division, Ranga Reddy District. 3 The Deputy Collector & Tahsildar, Balangar Mandal, Ranga REddy District. .....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 particularly in the nature of mandamus declaring the action of the respondents in trying to demolish the structures and disposess the petitioners from their property bearing plot No's 336, 1235, 228, 922, 1380, 1369, 51 in Sy.No.57 & 57/1 situated at Shamshiguda Village, Balanagar Mandal, Ranga Reddy District without following the due process of law in illegal, arbitrary and unconstitutional in the interest of justice and to pass such other suitable orders as this court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.CH.RAVINDER Counsel for the Respondent: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE V. ESWARAIAH WP.NO. 9 9 6 2 of 2009. O R D E R : The case of the petitioner is that the petitioners were granted pattas in respect of the house sites to an extent of 80 sq.yards each in survey No.57/1 situated at Shamshiguda village as per layout sanctioned by HUDA and they have constructed houses therein. Pursuant to the patta certificate granted in the year 1994 in respect of Plot Nos. 33, 1235, 228, 922, 1380, 1369 and 51 respectively situated at Shamshiguda, Kukatpally, Balanagar Mandal, Ranga Reddy district. 2. It is stated that the said patta certificates are subsisting and not cancelled. It is further stated that the petitioners have not violated the terms and conditions of the said patta certificates and they have not alienated and they themselves are the allottees and they themselves are in actual possession and enjoyment of the same. 3. It is further stated that the respondents are trying to demolish the structures and dispossess them without following due process of law. 4. I am not inclined to express any opinion whether the petitioners have violated the patta certificates and whether the respondents have initiated legal proceedings for demolition or for dispossession of the petitioners. However, having regard to the facts and circumstances, the writ petition is disposed of directing the respondents not to demolish or dispossess the petitioners from their plots without following due process of law and it is always open for the respondents to initiate action either for demolition or dispossession in accordance with law. 5. With the above direction, the writ petition is disposed of at the stage of admission. No costs. ______________________ JUSTICE V. ESHWARAIAH. 13-05-2009. I s L