IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5422 of 2008 Between: 1 Mrs.Ayesha Shams D/o.Khaja Shamsuddin Ahmed R/o.H.No.13-5-68, Karwan Too Khana Hyderabad 2 Mrs.Hajera Shams D/o.Khaja Shamsuddin Ahmed R/o.H.No.13-5-68, Karwan Too Khana Hyderabad 3 Smt.Amina Yonus Khan W/o.Mohd.Younus khan R/o.H.No.4-1-1236/3,King Kothi Road Abids,Hyderabad 4 Smt.Mekala Sushila Devi W/o.mekala Ratna Reddy R/o.Reddypuram village Hasanparthy Mandal Warangal District 5 Smt.mekala Mary W/o.Mekala Ravinder R/o.Reddypuram village Hasanparthy Mandal Warangal District 6 Mohammed Imran Khan S/o.Gulam Ahmed khan Presently Residing at Yaman, rpe.by his GPA Mr.Gulam Ahmed Khan/.S/o.Late Khaja Ahmed khan, R/o.H.No.1-10-98/15 Biosmillah Apartments, Begumpet, Hyderabad 7 Sri Shafeeq Hussain S/o.Rafeeq Hussain Siddiqui Rep.by his GPA Mr.Wajid Hussain, S/o.Rafeeq Hussain Siddiqui aged about 42 years, Occ:Pharmacist,R/o.H.No.12-2-800/60&61 Dilshad Nagar colony, Reti Bowli, Mehdipatnam Hyderabad-28 8 Smt.Asia Habbe W/o.Salahuddin Ahmed R/o.H.No.12-2-800/60&61,Dilshad nagar colony Reti Bowli, Mehdipatnam ,Hyderabad-28 ..... PETITIONER(S) AND 1 The Government of Andhra pradesh, rep.by its Principal Secretary,Revenue Department,Secretariat, hyderabad 2 The District Collector, Ranga Reddy District, at Khairatabad Hyderabad 3 The Tahasildar, Serilingampally Mandal, R.R.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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in seeking to evict the petitioners from their lands in plot Nos.5,4,47,48,49,49/A,46/A 47/A, 48/A,1,2,3,8 and 9 situated in Sy.No.41/1 khanammet village, Serilingampally Mandal, Ranga Reddy District without following the due process of law as wholly arbitrary, illegal, violative of principles of natural justice and Articles, 14,16,21 and 300-A of the Constitution of India and consequently direct the respondents not to evict the petitoners forcibly from their individuals plots without following the due process of law and pass Counsel for the Petitioner:MR.S.SHARAT KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 5422 of 2008 Order: The petitioners claim to be purchasers of Plots bearing Nos. 4, 5, 47, 48, 49, 49/A, 46/A, 47/A, 48/A, 1, 2, 3, 8 and 9, situated in Survey No.41/1 of Khanammet village, Serilingampally Mandal, R.R. District, under different registered sale deeds. The petitioners state that after purchasing the said plots they constructed small rooms therein, obtained electricity and water supply connections and paying property tax to the Municipality regularly. It is their further case that with a view to construct pucca houses in their plots they made a representation to the 2nd respondent, namely the District Collector, for grant of ‘No objection Certificates’, but the same was rejected on the ground that the plots purchased by them are assigned lands. The grievance of the petitioners is that the 3rd respondent, namely the Tahsildar, Serilingampally, without following the due process of law, is trying to evict them from the plots in question. Hence, they filed the present writ petition. The learned Assistant Government Pleader for Revenue, on instructions, submits that so far they have not taken any steps to evict the petitioners from the plots in question and in case they intend to evict the petitioners from the plots in question they will follow due process of law. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondents. Having regard to the stand taken by the learned Assistant Government Pleader for Revenue, and in view of the fact that the material placed before this Court by the petitioners, prima facie, indicates that the petitioners are in possession of the plots in question by paying necessary taxes to the authorities concerned, I deem it appropriate to dispose of the writ petition with the following directions: In the event the respondents intend to evict the petitioners from the plots in question, they shall do so only after following the due process of law. Till then the respondents shall not evict the petitioners from the plots in question. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 13.03.2008 Note: Issue CC by tomorrow (B/O) Ksr/Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}