IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 2111 of 2007 Between: P.S.Krishna S/o.Panni Swamy R/o.29-14,Madhuranagar, Malkajgiri Mandal Ranga Reddy District ..... PETITIONER AND The Government of Andhra Pradesh, rep.by its Principal Secretary,Municipal Administration & Urban Development secretariat, Hyderabad .....RESPONDENT 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 more particularly one in the nature of writ of mandamus directing the respondent to consider and dispose of the petition filed under Sec.61 of AP Municipalities Act,1965 dated 23.12.2006 within two weeks from today by giving opportunity to all the parties to the dispute and consequently declare the inaction of the 1st respondent in disposing of the statutory petitioner under Sec.67 of AP Municipalities Act,1965 as bad in law and violation of principles of natural justice in the interest of justice. Counsel for the Petitioner: SRI B.SUDHAKAR REDDY & ASSOCIATES Counsel for the Respondent: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.2111 of 2007 ORDER: This writ petition is filed for a writ of Mandamus seeking directions to the respondent-Government to consider the petition, under Section 61 of the A.P. Municipalities Act, 1965, filed by the petitioner on 23.12.2006, and dispose of the same by giving opportunity to all the parties to the dispute. In the petition, under Section 61 of the A.P. Municipalities Act, 1965 (for short ‘the Act’), filed before the respondent, it was the case of the petitioner that initially his forefathers were cultivating the land admeasuring two acres in Plot No.50 in Sy.No.278 of Neredmet Village, Malkajgiri Municipality, Malkajgiri, Ranga Reddy District, and as they belong to Schedule Caste, the Hyderabad Bhoodan Yagna Board issued proceedings No.338/8-71, dated 18.11.1971, under Section 14(1) of the A.P. Bhoodan Gramdhan Act, alloting/assigning the said land in the name of his father by name Panni Swamy and thereafter the name of his father was mutated in the Revenue records and adverse possession certificate was also issued to them in view of their possession of the property since 1950. The petitioner further stated that some third parties/land grabbers encroached upon his lands and raised illegal structures, without having any right or title over the said land, and to some of such illegal structures, houses numbers were allotted. The grievance of the petitioner was that to the structures raised illegally in his plot, the Commissioner of Malkajgiri Municipal Council, Malkajgiri Municipality (presently within the Greater Hyderabad Municipal Corporation) has illegally allotted new municipal numbers in favour of the land grabbers and, as such, the petitioner filed the petition under Section 61 of the Act to cancel the new municipal numbers allotted by the Malkajgiri Municipality and also to demolish the said illegal structures existing on his land. When the matter is taken up for hearing, learned counsel for the petitioner submits that the petitioner would like to withdraw the writ petition, with liberty to approach the competent authority. In view of the aforesaid submission, permission for withdrawal of the writ petition is granted and the same is dismissed as withdrawn. However, it is made clear that if the petitioner files an application before the competent authority of Greater Hyderabad Municipal Corporation, I hope and trust that the said authority will consider the grievance of the petitioner and pass appropriate orders. There shall be no order as to costs. __________________ R.SUBHASH REDDY,J 28.04.2009 v v