IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 12521 of 2008 Between: Mir Ahmed Ali Khan, S/o. late Mir Mohammed Ali Khan, R/o. H.No.18-1-510/9/A,Phool Bagh,Chandrayanagutta, Hyd rep by his GPA Holder Mohd Manzoor Kaleem, S/o. Mohd Naedeem, aged 38,Business, R/o. Flat NO.101-A, Yaseen Towers, Noorkhan Bazar,Hyderabad. ..... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, Rep by its Commissioner, Tank Bund Road, Hyderabad. 2 The Dy.Commissioner, The Greater Hyderabad Municipal Corporation, L.B.Nargar Circle, L.B.Nagar, R.R.District. .....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 to issue a Writ or order/s more particularly one in the nature of writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the land admesuring 2200 in Sy.No.150 of Gaddiannaram village, Saroornagar Mandal, R.R. District without due process of law as being illegal, arbitrary and violative of Article 300-A of Indian Constitution and consequently direct the respondents to remove the structures made in an area of 200 sq.yds of land in Sy.No.150 and pass Counsel for the Petitioner: MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : O R D E R: 1. This Writ Petition has been filed by the petitioner- Mir Ahmed Ali Khan with a prayer to issue a Writ of Mandamus declaring the action of respondents in interfering with the peaceful possession and enjoyment of land admeasuring 2200 in Sy.No.150, Gaddiannaram village, Saroornagar Mandal, R.R. District without due process of law as illegal and arbitrary. 2. The averments in the writ affidavit, in brief, are: The grant father of the petitioner was the absolute owner and possessor of the land admeasuring Ac.2-39 guntas in Sy.No.150 of Gaddiannaram village Saroornagar Mandal, R.R. District. The petitioner got the property under a oral gift evidenced by a Memorandum of Gift deed dated 10.3.1995 executed by his father late Mir Mohd. Ali Khan. The petitioner got his name mutated in the revenue records and his name has been reﬂected in the pahani patrikas as pattedar and possessor for the years 1995 to 2000. Out of Ac.2-39 cents the petitioner is in actual possession of 2200 square yards after sale of certain extent of land to third parties under sale deeds. One such registered sale deed dated 9.11.2004 bearing document No.5610/2004 executed by the petitioner is in favour of S.Hanumanth Reddy for an extent of 244.45 square yards. While so, the respondents issued a tender notiﬁcation for construction of Decentralized Citizen Resource Centre in Champapet at L.B.Nagar Centre on 15.5.2007. When a person by name A.Narahari Rao claiming himself to be the contractor on behalf of Municipal Corporation tried to interfere with the peaceful possession and enjoyment of 1100 square yards of land, he ﬁled O.S.No.2248 of 2007 on the ﬁle of Additional Junior Civil Judge, East and North, R.R. District and obtained temporary injunction in I.A.No.3607 of 2007 on 7.3.2008. Since the respondents are trying to interfere with the peaceful possession of the petitioner over 2,200 square yards land, the petitioner chose to approach this Court with the prayer stated supra. 3. 2nd respondent ﬁled counter aﬃdavit. It is stated in the counter aﬃdavit that an extent of 2139.15 square yards in Sy.No.150 is an open space with community hall, surrounded by compound wall situated within ‘Cherukuthota slum’ and is in possession and enjoyment of respondent-Corporation as the said land is earmarked to community purpose of Cherukuthota basti. It is further stated in the counter aﬃdavit that the then Gram Panchayat, Saroornagar constructed a community hall in the said land and subsequently the L.B.Nagar Municipality developed it into play ground by erecting playing equipments and constructing compound wall all round it. The residents of Cherukuthota Basthi are utilizing the said land for all social and cultural activities since last 30 years and it is well known as Cherukuthota basthi community hall. All the infrastructure facilities like street lighting, drainage, water supply and pucca roads were provided by the civil body. The constructions are being utilized as a polling station for election purpose conducted for many years. The major part of the residents in Cherukuthota Basthi belong to Scheduled Caste community and the basthi is an identiﬁed slum. There is a community hall bounded with pucca compound wall and it is being used for social and cultural activities since so many years. It is also being used as training center for various government programs. The Project Coordinator, Andhra Pradesh Urban Services for the poor, Hyderabad, has sanctioned necessary funds for construction of Decentralised Citizen Centre, vide proceedings dated 1.5.2007 for the benefit of locality people. Consequently the respondent- Corporation has assigned the said work to Sri.A.Narahari, contractor through work order No.APUSP/C- MAPP/C3/1113/06, dated 16/6/2007. It is further stated that the petitioner is not in possession of the site in question. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. 5. Learned counsel appearing for the petitioner submits that the respondents having placed no material to show that the said land in question belongs to the respondents cannot compel the petitioner to establish his right over it. A further submission has been made that the petitioner has got the right over the site in dispute by virtue of a oral gift evidenced by memorandum of Gift deed dated 10.3.1995 executed by his father late Mir Mohd. Ali Khan and that even otherwise he is the sole legal heir of his father. 6. Learned Standing Counsel appearing for the respondents submits that there is a community hall existing and that the community hall is being modernized and the petitioner at no point of time is in possession of the same. 7. As a matter of record the petitioner has ﬁled O.S.No.2248 of 2007 on the ﬁle of Additional Junior Civil Judge, East and North, R.R. District and obtained temporary injunction in I.A.No.3607 of 2007 on 7.3.2008 against the contractor. The petitioner has already initiated proceedings before the civil Court. If he is so advised, he can as well implead the respondents herein also as parties in the suit. Since there is a serious title dispute between the parties, the same cannot be gone into in a writ jurisdiction. 8. In that view of the matter, this writ petition is dismissed. No costs. 31st July, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.12521 OF 2008 31ST JULY, 2008.