IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12956 of 2002 Between: Meenakshi Steels & Rolling Mills Private Limited, Rep. by its Authorised Signatory CM Jyothi, D/o. C.Muthu, C/o. Usha Flour & General Mills Limited, Balanagar, Hyderaabd - 500 037, R/o. Balanagar, R.R.District. ..... PETITIONER AND The Commissioner, Kukatpalli Municipality, R.R.District. .....RESPONDENT 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 appropriate Writ, Order or Direction one in nature of Writ of Mandamus directing the respondent not to interfere with petitioner peaceful possession of the property i.e., land admeasuring 5 acres in survey No. 731, 732, 733, 735, 736, 737 situated at Kukatpalli Village, Balanagar Mandal, R.R.District, and to demolish/remove the structure raised by the respondent, in the interest of justice. Counsel for the Petitioner:MR.M.GOVIND REDDY Counsel for the Respondent: MR.V.VISWANATHAM The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.12956 of 2002 ORDER: None appears for either side. It is the case of the petitioner that it is the owner of the land admeasuring Ac.5-00 cents in Sy.Nos.731 to 733 and 735 to 737 situated at Kukatpally Village, Balanagar Mandal, Ranga Reddy District and it is in peaceful possession and enjoyment of the same by constructing a compound wall, but some unsocial elements apparently broke open the wall and illegally occupied the land against whom suits are pending. In the meanwhile, the respondent started constructing toilets without any intimation to the petitioner. This court while admitting the writ petition directed the respondent to stop further construction in the land in question. As no counter is forthcoming and if the said land does not belong to the respondent, the respondent cannot dispossess or interfere with the peaceful possession and enjoyment of the petitioner’s land without following due process of law. Accordingly, the writ petition is disposed of directing the respondent not to interfere with the peaceful possession and enjoyment of the petitioner’s land without following due process of law. There shall be no order as to costs. ___________ 18-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KRD}