THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN W.P. 24613 of 2006 Dated.13–08-2010 Between: Airports Authority of India, Hyderabad Airport, Begumpet, Hyderabad, Rep., by its Director Sri Singli R.K. …Petitioner Vs. Indirammanagar Welfare Association, Rep., by its President Sri Ahmad Pasha, H.No. 1-138-1370, Indirammanagar, Rasoolpura, Secunderabad and others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN W.P. 24613 of 2006 ORAL ORDER: (Per: The Hon’ble Sri Justice Goda Raghuram) This is a writ petition by the Airports Authority of India seeking recall of the judgment dated 13-12-2005 in W.P.No. 4270 of 2001 filed by the respondent Nos. 1 to 3 herein. These respondents filed the writ petition (W.P.No. 4270 of 2001) for a declaration that the action of the respondent therein (the 4th respondent herein) in not assessing and collecting property tax from the residents of Indiramma Nagar Colony and not providing basic amenities as illegal and arbitrary and consequently direct the respondent to assess and collect tax from the residents of the Indirammanagar Colony, as otherwise petitioners therein will be suffer irreparable loss and injury. The petitioners in W.P.No. 4270 of 2001 are encroachers of the land in survey No. 215 of Thokatta village, Secunderabad Mandal, Hyderabad in an extent of Ac.35-35 guntas which is claimed by the petitioner herein to be property belonging to it having been acquired by the Government of India under Sections 9 and 10 of the Land Acquisition Act, 1894 (for short ‘the Act’) for the expansion of the Begumpet Airport. The petitioner claims that there was an award passed under the Act to that effect. It is the admitted position that the petitioners in W.P.No. 4270 of 2001 are encroachers of the land. In the context of the reliefs sought by the petitioners in W.P.No. 4270 of 2001, the Airports Authority of India is a proper and necessary party and no relief could have been claimed by the petitioners without impleading the Airports Authority of India. In these circumstances, aggrieved by the order of this Court dated 13-12-2005 allowing the Writ Petition No. 4270 of 2001 and directing the respondent to assess the property tax and collect it from the residents of Indiramma Nagar Colony and provide basic amenities to the residents of the colony, this writ petition is filed. In the facts and circumstances, the judgment of this Court dated 13-12-2005 in W.P.No. 4270 of 2001 cannot be sustained as the proper and necessary party to the writ petition – the Airports Authority of India – was not impleaded and heard. This writ petition is accordingly allowed. The judgment dated 13-12-2005 in W.P.No. 4270 of 2001 is recalled and W.P.No. 4270 of 2001 is restored to file, to be heard on merits. No costs. JUSTICE GODA RAGHURAM JUSTICE RAMESH RANGANATHAN Dated: 13-08-2010 Pvks/*