IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 15876 of 1999 Between: B. Pattabhi S/o. Late Laxmaiah R/o. 16-1-55/1, Saidabad, Hyderabad. ..... PETITIONER AND 1 The District Collector Hyderabad. 2 The Mandal Revenue Officer, Saidabad, Hyderabad. .....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 of Mandamus or any other appropriate writ or writs, order or direction declaring the action of the respondents in seeking to demolish the structures in respect of property bearing Municipal No.16-1-55/1, situated at Saidabad, Hyderabad pending consideration of petitioner application for regularisation as illegal, arbitrary, and without jurisdiction and consequently direct the respondents not to interfere with the peaceful possession and enjoyments of the said land and pass Counsel for the Petitioner:MR.B.VIJAYSEN REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 15876 of 1999 Order: Questioning the action of the respondents in seeking to demolish the structures raised in the property bearing Municipal No. 16-1-55/1, situated at Saidabad, Hyderabad, pending consideration of the petitioner’s application for regularization, as arbitrary and illegal, the present writ petition is filed. Counter aﬃdavit is ﬁled by the Mandal Revenue Oﬃcer, Saidabad Mandal, stating that the petitioner is the owner of house bearing Municipal No.16-1-55, T.S. No. 91, Block-D, Ward No.173, situated in an extent of 321 Sq. Mts., of Saidabad village and Mandal, that adjacent to his premises, an extent of 437 Sq. Mts., in T.S. No. 93, Block-D, Ward No.173 was left as open space and classiﬁed as Government G.V.M., and taking advantage of his house being situated at the corner of the road, he tried to encroach upon the open space digging it for basement purpose, and that the Mandal Revenue Inspector had rightly stopped construction as it was being constructed without M.C.H. permission. It is stated that the petitioner had ﬁled an application for correction of the T.S.L.R (Town Survey Land Record), which is a necessary prerequisite for obtaining M.C.H. permission but the said application was not considered as the site for which he had applied was under a false number, the premises number did not ﬁnd place in Town Survey land Record and that the petitioner was trying to grab government land by illegally constructing a building thereon without permission from the competent authority. It is evident from the counter aﬃdavit that the construction which the petitioner sought to raise was in Government land and, since the petitioner, admittedly, is not the owner of the said land, the action of the Mandal Revenue Oﬃcer in restraining him from proceeding with the construction cannot be found fault with and the relief sought for by the petitioner cannot also be granted. Sri B. Vijaysen Reddy, learned counsel for the petitioner would, however, submit that, subsequent to ﬁling of the writ petition, the petitioner has submitted a representation for regularization of such encroachment, and that he is entitled to claim regularization in terms of G.O. Ms. No. 166, dated 16.02.2008. Since the beneﬁts, which the said G.O. is said to confer, is not in issue in the present writ petition, it would suﬃce if this Court were to hold that the order now passed, rejecting the relief sought for by the petitioner, will not preclude the authorities concerned from examining the petitioner’s case in terms of G.O. Ms. No. 166, dated 16.02.2008, if he is so entitled to the benefits thereunder. Subject to what is mentioned herein above, the writ petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. __________________________ RAMESH RANGANATHAN, J. Date: 26.08.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector Hyderabad. 2 The Mandal Revenue Officer, Saidabad, Hyderabad. 3. 2CCs to 4. 2CD copies Form-NIC-OGS/WP{NR}