IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15315 of 2008 Between: 1 Cherukupalli Shoban S/o. Gangaiah R/o. Secuderapur Village, Bheemgal Mandal, Nizamabad District. 2 Marempalli Gagaam S/o. Gangaram R/o. Secuderapur Village, Bheemgal Mandal, Nizamabad District. 3 Smt. Moodyedla Shayamala W/o. Chinnaiah R/o. Secuderapur Village, Bheemgal Mandal, Nizamabad District. 4 Boddu Varalaxmi W/. Rajanna R/o. Secuderapur Village, Bheemgal Mandal, Nizamabad District. ..... PETITIONERS AND 1 The District Collector, Nizamabad District. 2 The Chief Executive Officer (CFO) Zillaparishad , Nizamabad. 3 The Mandal Parishad Development Officer Mandal Prajaparishad, Bheemgal Mandal, Nizamabad District. 4 The Panchayat Secretary, Secunderapur Grampanchayat, Bheemgal Mandal, Nizamabad District. 5 Garipalli Balavva W/o. Gang Goud Secunderapur Gram Panchayat Bheemgal Mandal, Nizamabad District. 6 Koneru Bala Gangadar S/o. Saidulu Secunderapur Gram Panchayat Bheemgal Mandal, Nizamabad 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 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 petitioners over the Kapu Sangam Community hall in premises bearing H.No. 1-55 situated at Secunderapur Village, Bheemgal Mandal, Nizamabad District pursuant to letter No. A6/652/2008 dt. 1-7- 2008 addressed by the 2nd Respondent to the 3rd respondent as being illegal, arbitrary, and unconstitutional and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the Kapu Sangam Community hall in premises bearing H.No. 1-55 situated at Secunderapur Village, Bheemgal Madnal, Nizamabad District and be pleased to pass such other orders. Counsel for the Petitioner: MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: G.ELISHA( SC FOR ZPPS AND MPPS,TEL REG) The Court made the following : THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION NO. 15315 of 2008 O R D E R: The petitioners herein are the residents of Secunderapur village of Bheemgal Mandal, Nizamabad District. It is claimed that the building bearing House No.1-55 was constructed in the village for utilizing the same for various purposes belonging to a particular community, who had mobilized the funds and constructed the said community hall on their own. While so, the second respondent-Chief Executive Officer, Zillaparishad Nizamabad by proceedings dated 01- 07-2008 directed the third respondent to allow other community people to utilize the building in question observing that the said building was constructed under Grameena Rojgar Yojana Scheme pursuant to the sanction orders dated 21-07-2005 and that the same was recognized as SC Community Hall. The said action of the second respondent is assailed before this Court on various grounds including that the building was never constructed under the Rojgar Yojana Scheme. The question being a pure question of fact, I am not inclined to make any enquiry and record any finding. It is also relevant to note that aggrieved by the action of the second respondent, petitioners have already made a representation before the first respondent-District Collector and the same was received in the office of the first respondent on 11-07-2008. If that be so, it is for the first respondent to make the necessary enquiry after hearing both the parties and pass appropriate orders in accordance with law as to the grievance of the petitioners herein. Accordingly, without expressing any opinion as to the claim made by the petitioners, the writ petition is disposed of with a direction to the first respondent to consider the representation of the petitioners dated 10-07-2008 received in the office of the first respondent on 11- 07-2008 and pass appropriate orders in accordance with law after hearing all the persons concerned, expeditiously, preferably within a period of two weeks from the date of receipt of a copy of this order. No costs. __________________ G.ROHINI,J Date: 17-07-2008 Note : Issue C.C. by tomorrow. B/o KLP