IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 12110 of 2000 BETWEEN: The Zaheerabad Taluq State Government Non-Gazetted and Local Bodies Employees Coopertiave House Building Society Limited, Zaheerabad, Medak District, Rep. by its President B. Narayana, S/o. B. Sayappa, R/o. H.No.2-1-217, NGO’s Colony, Zaheerabad, Medak District. ... PETITIONER AND 1. The Municipal Council, Zaheerabad Municipality, Medak District, Rep. by its Chairman. 2. The Commissioner, Zaheerabad Municipality, Medak 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 may be pleased to issue a Writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondent Municipality in passing the impugned resolution No.20, dated 01.06.2000 in respect of the petitioner’s land in Sy.No.151 to an extent of Ac.1.74 cents situated at Zaheerabad Town, Medak District for taking possession of the said land by the Municipality is arbitrary, illegal, without jurisdiction, violative of principles of natural justice and violative of Articles 14 and 300 A of the Constitution of India and set aside the same and pass such other orders as may be just. Counsel for the Petitioner: MR.DASARI VIJAYA KUMAR Counsel for the Respondents: MR.RADHA KRISHNA POLISETTY (SC FOR MPL) The Court made the following: ORDER: Petitioner – House Building Cooperative Society submits that pursuant to the representation dated 30.07.1970 made by it for allotment of municipal of an extent of Ac.9.00 cents in Sy.No.151 of Zaheerabad Town, Zaheerabad Municipal Council passed a resolution No.15 dated 20.02.1971 resolving to donate 9 acres of land to the members of the petitioner-society as a gift at free of cost in Sy.No.151. The society was registered under the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’) on 14.12.1970. The resolution of the Zaheerabad Municipality was sent to the Government through the Director of Municipal Administration, Hyderabad and the Government after considering the recommendations of the Zaheerabad Municipality; Director of Municipal Administration; Collector, Medak District and Director of Town Planning issued orders in G.O.Ms.No.812 Municipal Administration Department dated 10.11.1972 according sanction of the proposals of the municipal council for donation of 9 acres of land for construction of houses by Non-Gazetted officers. 2. Pursuant to the said order of the Government, the District Collector accorded permission for conversion of land use by proceedings dated 24.06.1972 and Gift Deed No.696 of 1972 was also executed on 28.07.1972 and lay out was made in respect of Ac.7.26 cents of land for allotment of land in favour of 85 persons and the layout vide L.P.No.98/71 was sanctioned by the Director of Town and Country Planning, Hyderabad. An application for approval of layout for the remaining extent of land of Ac.1.74 cents is pending with the municipality and with regard to the layout the Municipality issued a notice to submit ownership documents and encumbrance certificate. Accordingly, the petitioner society along with its explanation submitted necessary documents on 12.11.1991 but no final orders have been passed on the layout application. Under Section 185(5) of the Andhra Pradesh Municipalities Act, 1965 the layout is deemed to have been sanctioned in accordance with the provisions of the Act. 3. While so, the first respondent passed a resolution No.20 dated 01.06.2000 stating that the petitioner society was allotted 9 acres of the land and the said land was also gifted by gift deed No.696 of 1972 pursuant to the orders of the Government in G.O.Ms.No.812 dated 10.11.1972 but out of 9 acres only Ac.7.26 cents was developed by the society by way of layout plan 98/71 and the plots were allotted to its members. The land in Sy.No.151 has been located on either side of the existing railway track. The society layout was formed on the northern side of the railway track. In 1992-1993 the Society sub-divided the land into plots, which is located towards the southern side of the railway track and some of the plots were allotted to its members. The land in Sy.No.151 other than 9 acres of land is within control of the South Central Railway. Accordingly, the council passed the resolution resolving to take possession and to fence the remaining land in Sy.No.151 and it is also resolved to place the details of the lands mentioned in the said resolution before the council. The petitioner aggrieved by the said resolution filed this writ petition contending that the municipality has decided to take possession and to fence the remaining land in Sy.No.151. 4. The respondents have not filed any counter. The impugned resolution dated 01.06.2000 passed by the respondent-municipality is not specific or clear and there is no indication that the respondents have decided to take back the remaining land of an extent of Ac.1.74 cents and it is not known as to what is the total extent of land in Sy.No.151. However, insofar as the 9 acres of land is concerned there is no dispute with regard to the allotment of the said land in favour of the petitioner-society. If the land of an extent of Ac.1.74 cents is sought to be taken away, the same cannot be taken away without following due procedure prescribed in law and without giving any reasonable opportunity to the petitioner-society. 5. Having regard to the facts and circumstances of the case, the respondents are directed not to interfere with the possession of Ac.9.00 cents of land in Sy.No.151 covered by the government order in G.O.Ms.No.812 Municipal Administration Department dated 10.11.1972 and the Gift Deed No.696 of 1972 dated 28.07.1972 without following due procedure prescribed in law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 27, 2008 DSK