IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 6107 of 2001 Between: Smt.B. Prameela, w/o. B. Vithal, r/o.1-8-179, Chikkadpally, Hyderabad ..... PETITIONER AND 1 The Chairman, Hyderabad Urban Development Authority, Begumpet, Hyderabad. 2 The M.R.O., Uppal Mandal, Uppal, RR 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 writ direction or order more particularly in the nature of writ of mandamus declaring the action of respondents in seeking to acquire plot bearing No.70 admeasuring 220 Sq.Yds situated in Sy.No.s 23 & 24 of Mamatanagar, village Nagole, Uppal Mandal, RR District without initiating proceedings established under law particularly Land Acqusition Act as being oppressive, illegal, arbitrary and violative of Art.14,21 & 300(A) of the Constitution of India and pass such other order or orders as this Hon'ble Court deems fit and proeper in the circumstances of the case and interest of justice. Counsel for the Petitioner:MR.VIJAY ASHRIT Counsel for the Respondent : MR.K.VASUDEVA REDDY FOR R MR.M.SURENDER RAO FOR R The Court made the following : ORDER: It is the case of the petitioner that she purchased the plot bearing No.70 in Sy.Nos. 23 and 24, admeasuring 220 square yards, situated at Mamatanagar, Nagole Village, Uppal Mandal, Ranga Reddy District from K. Anjaiah, under a registered sale deed vide Doc.No.6939/96. While so, on the alleged interference with her property by one Narender Reddy, the petitioner filed O.S.No.678 of 1998, on the file of the Principal Junior Civil Judge (E&N), Ranga Reddy District, which was eventually ended in compromise and the petitioner has been in possession of the said property. While so, it is alleged that the subordinates of the respondent- authorities displayed sign boards stating that the said land was acquired and that the petitioner is restrained from entering the premises. In the circumstances, the petitioner seeks to issue a Writ of Mandamus declaring the action of the respondents seeking to acquire the said land without initiating the proceedings under the Land Acquisition Act, as illegal and arbitrary. A counter affidavit has been filed, stating that the land in Sy.No.24 of Nagole Village, belongs to Kandikanti Venkatesham and Kandikanti Kamalamma and they have filed declarations under the Urban Land (Ceiling and Regulation) Act, 1976 (for short ‘the Act’) vide C.C.No.J2/270/1982 and they were found to be holding 49,383.37 square metres and the said excess vacant land was taken over, under a cover of panchanama by the authorities and thereafter the said land was handed over to the Hyderabad Urban Development Authority-HUDA since the said land vested with the Government under the Act. No reply was filed to the counter affidavit and in the absence of impleading the ULC authorities under the Act, the petitioner is not entitled for any relief in the writ petition. The writ petition is dismissed. There shall be no order as to costs. -------------------------- V. ESWARAIAH, J DATE: 27.3.2008 CVM