IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 7660 of 2008 Between: 1 Sri Ahmed Ali Khan S/o. Late Turab Ali Khan R/o. H.No.21-4-867, Near Police Head Quarters, Puranapool, Hyderbad. 2 Sri Mohd. Ali Khan S/o. Late Turab Ali Khan R/o. Saudi Arabia, rep. by G.P.A. Holder Sri Ahmed Ali Khan, S/o. Late Turab Ali Khan. 3 Sri Sikandar Ali Khan S/o. Late Turab Ali Khan R/o. Saudi Arabia rep. by G.P.A. Holder Sri Ahmed Ali Khan, S/o. Late Turab Ali Khan. ..... PETITIONER(S) AND 1 Smt. Safia Akbarunnisa Begum W/o. Maizuddin R/o. H.No.10-3-12, Khaja Gulshan, Asifnagar, Mehdipatnam, Hyderabad. 2 Qazi Wahiuddin S/o. Qazi Mohd. Ibadullah R/o. H.No.10-3-12/A, Asifnagar, Mehdipatnam, Hyderabad. 3 Lisan ul Haq S/o. Qazi Mohd. Ibadullah R/o. H.No.10-3-12/C, Asifnagar, Mehdipatnam, Hyderabad. 4 Eshan ul Haq S/o. Qazi Mohd. Ibadullah R/o. H.No.10-3-12/D, Asifnagar, Mehdipatnam, Hyderabad. 5 Inam ul Haq S/o. Qazi Mohd. Ibadullah R/o. H.No.10-3-12/C, Asifnagar, Mehdipatnam, Hyderabad. 6 Ghousia Begum W/o. Khaja Moinuddin R/o. H.No.10-3-12/2/A, Khaja Gulshan, Asifnagar, Mehdipatnam, Hyderabad. 7 Saleh S/o. Salem R/o. H.No.10-3-4 Asifnagar, Mehdipatnam, Hyderabad. 8 Koteshwar Rao S/o. Venkat Swamy R/o. H.No.10-3-12/1, Asifnagar, Mehdipatnam, Hyderabad. 9 Mumtaz Jehan W/o. Fazeullah, died per L.Rs. 10 Mahboob Sultana W/o. Ghousuddin R/o. H.No.10-3-10, Asifnagar, Mehdipatnam, Hyderabad. 11 V. Laxmibai R/o. H.No.10-3-12/3, Asifnagar, Mehdipatnam, Hyderabad. 12 Sajida Begum R/o. H.No.10-3-13, Asifnagar, Mehdipatnam, Hyderabad. 13 Farhat Begum W/o. Syed Gulam Samdani R/o. H.No.10-3-3, Asifnagar, Mehdipatnam, Hyderabad. 14 Ameena Ansari W/o. Late Dr. Yousufuddin Ansari R/o. H.No.10-3-3/A, Asifnagar, Mehdipatnam, Hyderabad. 15 D.V.K. Krishnamurthy, R/o. H.No.10-3-1/2, Asifnagar, Mehdipatnam, Hyderabad. 16 K.S. Srinivasan R/o. H.No.10-3-1/3, Asifnagar, Mehdipatnam, Hyderabad. 17 P. Hymavathi Devi R/o. H.No.10-3-16/12, Asifnagar, Mehdipatnam, Hyderabad. 18 T. Sarojini Devi R/o. H.No.10-3-16/15, Asifnagar, Mehdipatnam, Hyderabad. 19 Rizwana Nasseem R/o. H.No.10-3-16/4/A, Asifnagar, Mehdipatnam, Hyderabad. 20 M. Kishan R/o. H.No.10-3-28, Asifnagar, Mehdipatnam, Hyderabad. 21 Abdullah-bin-Mohd. R/o. H.No.10-3-11, Asifnagar, Mehdipatnam, Hyderabad. 22 Saraswathi R/o. H.No.10-3-/16/5/A, Asifnagar, Mehdipatnam, Hyderabad. 23 V. Sarojini R/o. H.No.10-3-13/16/B/1, Asifnagar, Mehdipatnam, Hyderabad. 24 B. Laxmi R/o. H.No.10-3-13/16/B/2/2, Asifnagar, Mehdipatnam, Hyderabad. 25 Kishan Prasad R/o. H.No.10-3-13/16/B/2/2, Asifnagar, Mehdipatnam, Hyderabad. 26 Masiuddin R/o. H.No.10-3-13/16/5, Asifnagar, Mehdipatnam, Hyderabad. 27 Khurshid Begum R/o. H.No.10-3-13/16/A, Asifnagar, Mehdipatnam, Hyderabad. 28 Farhatunnisa Begum R/o. H.No.10-3-1, Asifnagar, Mehdipatnam, Hyderabad. 29 Habeeba Begum R/o. H.No.10-3-1/A, Asifnagar, Mehdipatnam, Hyderabad. 30 Masood Chida, S/o. Abdul Khader Chida, R/o. H.No.10-3-2/A, Asifnagar, Mehdipatnam, Hyderabad. 31 Jameen R/o. H.No.10-3-10, Asifnagar, Mehdipatnam, Hyderabad. 32 Mohd. Khasim R/o. H.No.10-3-13/1, Asifnagar, Mehdipatnam, Hyderabad. 33 Mohd. Afzaluddin R/o. H.No.10-3-13/5/A/2, Asifnagar, Mehdipatnam, Hyderabad. 34 Nizamuddin R/o. H.No.10-3-13/16/1, Asifnagar, Mehdipatnam, Hyderabad. 35 G.S.Laxmi R/o. H.No.10-3-13/16/2, Asifnagar, Mehdipatnam, Hyderabad. 36 G. Kousalya R/o. H.No.10-3-16/2/A, Asifnagar, Mehdipatnam, Hyderabad. 37 P.S. Venkateshwara Rao R/o. H.No.10-3-16/6/B, Asifnagar, Mehdipatnam, Hyderabad. 38 Hameeda Begum R/o. H.No.10-3-3, Asifnagar, Mehdipatnam, Hyderabad. 39 A.K. Chida S/o. Khuddus Chida R/o. H.No.10-3-2, Asifnagar, Mehdipatnam, Hyderabad. 40 Ali Akbar Hussain S/o. Muzaffar Hussain R/o. H.No.10-3-2/1, Asifnagar, Mehdipatnam, Hyderabad. 41 The Commissioner, Greater Hyderabad Municipal Corporation, B.R.K.R. Buildings, Tank Bund Road, Hyderabad. 42 The Executive Engineer Hyderabad Metro Water & Sewerage Board, Asifnagar Division, Mehdipatnam, Kakitaya Nagar, Hyderabad. 43 The Executive Engineer, AP Transco, ERO-X, Asifnagar Division, Reti Bowli, Hyderabad. 44 Mohd. Fazl-ur-Rahman S/o. Late Abdul Wahab R/o. H.No.10-3-12/2, Mehdipatnam, Hyderabad. .....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, order or direction in the nature of Mandamus or otherwise declaring the order dated 21.02.2008 in I.A.No.347/07 in L.G.C.No.165 of 99 on the file of the Special Court under A.P. Landgrabbing [Prohibition] Act as bad, and arbitrary and as such liable to be set aside and be pleased to pass such other order or orders Counsel for the Petitioner: MR.MPAPA REDDY Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed with a prayer to issue writ or direction in the nature of Mandamus declaring the order-dated 21.2.2008 in I.A.No. 347 of 2007 in LGC No. 165 of 1999 on the file of the Special Court under A.P. Land Grabbing (Prohibition) Act, Hyderabad as illegal and arbitrary. The petitioner filed LGC No. 165 of 1995 before the Special Court under A.P. Land Grabbing (Prohibition) Act, and the same was dismissed for default. To restore the same to its file, he filed an application under Order 9 Rule 9 of CPC praying the court to set aside the dismissal order dated 7.3.2007 for non-prosecution of the petitioner. In the affidavit filed in support of the petition, he stated that he suffered from Urinary Tract infection and sunstroke and he was totally bed ridden for one month and he could not contact his counsel and he had entrusted the matter to his cousin to inform about his ill- health to his counsel and his cousin due to his inconvenience did not meet his counsel and therefore, the LGC was dismissed for non- prosecution on 7.3.2007. After recovery on 15.3.2007, the petitioner approached his counsel and had taken steps to file the application for restoration of LGC No. 165 of 1999. That application was opposed stating that the averments in the affidavit are not correct and on earlier occasion an application was filed for restoration on the ground of ill health and, the court has set aside the dismissal order and restored the same to file, to enable the petitioners to proceed with the matter on merits. Despite giving two opportunities, on third occasion the learned Judge perused the entire record and found that there are no grounds since the trial has almost completed and that the petitioners are not interested in pursuing the matter. The Special Court after taking into consideration that all the respondents are senior citizens and the matter is of the year 1999 and that the petitioners repeatedly indulging in this type of tactics and prolonging the litigation on the ground of ill health, dismissed the petition. We have perused the material on record. Heard the learned counsel appearing for the petitioners. He vehemently contended that some terms may be imposed to set aside the order and the petitioners may be give an opportunity to cross examine the witnesses. In view of the submissions that the petitioner was suffering from Urinary Tract infection and sunstroke and he was totally bedridden for one month and he could not contact his counsel and that he has entrusted the matter to his cousin to inform about his illhealth to his counsel and the cousin due to his inconvenience did not meet his counsel and after his recovery he has taken steps to file the application to restore the LGC to its file, we are of the view that some lenient view can be taken by imposing some terms. We have seen the certificate issued by the doctor who has stated that the petitioner suffered from Urinary Tract infection and he was advised to take rest. Considering the above submissions and also considering the certificate issued by the doctor, the Writ Petition is allowed and the impugned order dated 21.2.2008 is set aside on condition that the petitioners pay Rs. 7,500/- (Rupees Seven Thousand Five Hundred Only) to Sri M. Ramalingeswara Reddy, learned counsel appearing for the respondents 3,4,5,13 and 14 and Rs. 7,500/- (Rupees Seven Thousand Five Hundred Only) to Md. Abdulla, learned counsel appearing for respondent No. 44, within a period of two weeks from today. The petitioners shall be present before the Special Court on the next date to be fixed by the Court so as to enable the counsel for the respondents to cross-examine. In default, it is open for the Special Court to pass appropriate orders in accordance with law on merits. No order as to costs. _____________________________ GHULAM MOHAMMED ,J ___________________________ C.V.RAMULU, J Dt. 25.06.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Commissioner, Greater Hyderabad Municipal Corporation, B.R.K.R. Buildings, Tank Bund Road, Hyderabad. 2. The Executive Engineer Hyderabad Metro Water & Sewerage Board, Asifnagar Division, Mehdipatnam, Kakitaya Nagar, Hyderabad. 3. The Executive Engineer, AP Transco, ERO-X, Asifnagar Division, Reti Bowli, Hyderabad. 4. 2CD copies