IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.14131 of 2004 Between: 1. Smt. Vijaya, D/o. Voggu Komraiah, Age: 44 years, Occ: Household, R/o. Kurmapally, Karimnagar. 2. G. Bharathi, W/o. Mallaiah, Age: 48 years, Occ: Household, R/o. Kamareddy, Nizamabad District. 3. M. Shobha Rani, D/o. Anjaneyulu, Age: 42 years, Occ: Household, R/o. Jagtial, Karimnagar District. 4. Amruthamma, W/o. Narsaiah, Age: 44 years, Occ: Household, R/o. Jyothi Nagar, Karimnagar. … Petitioners And 1. The Karimnagar Municipality, Karimnagar, rep. by its Commissioner 2. Dharmaram Rajesham, S/o. Narsaiah, Age: 56 years, Occ: Contractor, R/o. H.No.2-10-275, Jyothinagar, Karimnagar 3. Dharmaram Venkataswamy, S/o. Narsaiah, Age: 46 years, Vice-Chairman, Karimnagar Municipality, R/o.H.No.2-10-274, Jyothinagar, Karimnagar. … Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in interfering with the peaceful possession of the petitioners’ land admeasuring Ac.0.11 guntas in Sy.No.1246, situated at Jagtial Road, Karimnagar Town, karimnagar District, bounded by North: land of Narsaiah, South: land of Bandaiah, East: land of Vendor/J.Dr and West: land of Vendor/J.Dr, and trying to dispossess without following due process of law as illegal, arbitrary, contrary to law, violative of principles of natural justice and further direct the respondents not to interfere with the peaceful possession of the petitioners’ land admeasuring Ac.0.11 guntas in Sy.No.1246, situated at Jagtial Road, Karimnagar Town, Karimnagar District, bounded by North: land of Narsaiah, South: land of Bandaiah, East: land of Vendor/J.Dr and West: land of Vendor/J.Dr, without following due process of law. Counsel for the petitioners: Mr. T. Amarnath Goud Counsel for respondent No.3: Mr. R. Thimma Reddy The court made the following Order: Petitioners, four in number, seek a writ of Mandamus declaring the action of the respondents in interfering with their possession over land admeasuring Ac.0.11 guntas in Sy.No.1246, situated at Jagtial Road, Karimnagar District as arbitrary and illegal. 2. In the affidavit filed in support of the writ petition, it is stated that originally the aforesaid land belonged to respondents 1 to 3, who entered into agreement of sale with the petitioners, agreeing to sell the same to them. It is stated that when respondents 1 to 3 failed to execute and register the sale deed pertaining to the aforesaid land, petitioners filed a suit in O.S.No.933 of 1982 on the file of the Principal Junior Civil Judge, Karimnagar, for specific performance of contract, who by order dated 11-03-1988 decreed the suit, executed and registered the sale deed dated 31-12-2001 on behalf of the respondents-judgment debtors. 3. The grievance of the petitioners is that though the land in question is a private land to which they derived title by virtue of execution and registration of the sale deed referred above, there is interference by the first respondent-municipality without any authority of law and they are sought to be dispossessed without taking any steps for acquisition as required under law. 4. At the stage of admission, this court, by order dated 11- 08-2004, passed interim orders directing the respondents not to interfere with the possession of the petitioners over the land in question. The said order continued all along. 5. Heard the learned counsel for the petitioners. There is no representation on behalf of the respondent-municipality and no counter is also filed. 6. As much as the petitioners have filed a copy of the sale deed registered by the learned Principal Junior Civil Judge, Karimnagar, conveying the land in question in favour of the petitioners and in absence of any counter affidavit by the respondent-municipality, I direct the first respondent-municipality not to interfere with the possession of the petitioners over the land admeasuring Ac.0.11 guntas in Sy.No.1246, situated at Jagtial Road, Karimnagar District. However, it is made clear that if there is encroachment over the land belonging to the municipality, it is open to the first respondent-municipality to take steps in accordance with the provisions of the A.P. Municipalities Act, 1965 and the rules made thereunder. 7. The writ petition is accordingly disposed of. No order as to costs. _______________________ R. SUBHASH REDDY, J. April 2, 2009 MRR