IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23905 of 2008 Between: 1 Shabuddin Khan S/o. Late Mohd. Jahur Khan R/o. H.No.41-A, Mud Fort, Secunderabad. 2 Smt. Yousufunnisa Begum W/o. Mohammed R/o. 10-2-213, Battery Lane, Vijaya Nagar Colony, Hyderabad. ..... PETITIONER(S) AND 1 The District Collector Ranga Reddy District Office at Khairatabad. 2 The Revenue Divisional Officer East Division Near Exhibition Grounds, R. R. District. 3 The Mandal Revenue Officer/ Tahsildar Shamirpet Mandal R. R. District. 4 The Vice Chairman Hyderabad Urban Development Authority Begumpet, Secunderabad, Hyderabad. 5 The Transmission Corporatio of Andhra Pradesh Rep. by its Executive Engineer, (Civil) Vidyuth Soudha, Somajiguda, Hyderabad. 6 The A.P.C.P.D.C.L. Rep. by its Assistant Engineer Malkaram Village, Shamirpet 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 issue a writ order or direction more particularly one in the nature of Writ of Mandamus directing the respondents and their oﬃcials not to interfere and dispossess the petitioners in their land to an extent of Acs. 5-00 each of the petitioners and total extent is Acs. 10-00 in Sy. No.1038/1/C, (Part) Malkaram Village, Shamirpet Mandal, R.R. District. Counsel for the Petitioner:MR.G.YADAGIRI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are two in number, assailing the action of the respondents in interfering with their possession in respect of land admeasuring Ac.5-00 of land each, in Sy.No.1038/ 1/C (Part) Malkaram Vilalge, Shamirpet Mandal, Rangareddy District. The 1st petitioner claims that he is an Ex-service man and a member of Jawaharnagar Co-operative Land Colonization Society. According to him, he was allotted Ac.5-00 of land in Sy.No.1038/1/C (Part) in Malkaram Village, Shamirpet Mandal, Rangareddy District under ex- servicemen quota. The 2nd petitioner claims that she is legal heir of late Khaja Lal Mohammed, who was allotted Ac.5-00 of land in Sy.No.1038/C (Part) situated in Malkaram Village, Shamirpet Mandal, Rangareddy District. When the writ petition came up for admission, Learned Government Pleader for Revenue received notice on behalf of R1 to R3, Sri M.Surender Rao, leanred standing counsel of Hyderabad Urban Development Authority, received notice on behalf of R4 and Sri O.Manohar Reddy, learned standing counsel of the Transmission Corporation of Andhra Pradesh received notice on behalf of R5 and R6. Heard the leaned counsel appearing for the petitioners and the learned Government Pleader for Revenue appearing on behalf of R1 to R3, learned standing counsel appearing on behalf of R4, R5 and R6 and perused the material papers placed on record. Learned counsel appearing for the petitioners submits that the petitioners approached civil Court by ﬁling O.S No.81 of 2008 and O.S.No.82 of 2008 respectively on the ﬁle of the Junior Civil Judge, Medchal and obtained status quo order and in spite of the status quo order the oﬃcials of the HUDA are interfering with their possession. A fact remains that the petitioners approached the civil Court for redressal of their grievance. Paragraph No.6 of the writ affidavit reads as hereunder: “I submit that I and 2nd petitioner submit that we ﬁled injunction suit in O.S.No.81 of 2008 and in O.S.No.82 of 2008 on the ﬁle of the Honourable Junior Civil Judge, at Medchal and obtained status quo orders in our favour even though the Honourable Court passed status quo orders in favour of the petitioners the HUDA is violating the orders of the Honourable Court and they have no respect for the Honourable Court and they dis-obeying the orders of the Honourable Court and the oﬃcials of the HUDA taking the law into their hands and are trying to dispossess the petitioners from their land, without giving any notice to the petitioners. The officials of the HUDA are illegally encroaching the petitioners land and the attitude of the respondent No.4 is illegal and arbitrary and unconstitutional. The respondents herein in high handed manner without any right or claim over the petitioners property have been making regular eﬀorts to interfere with the peaceful possession and enjoyment of the petitioners land. The oﬃcials of the 4 th respondent have been regularly visiting the petitioners property and damaged the crop and room of the bore well of the petitioners and by illegally trespassing the petitioners land and trying to dispossess the petitioners from their land without being vested with any rights. Recently the oﬃcials of the 4 th respondent in high handed and arbitrary manner illegally entered into the petitioners land removed the electricity meter installed in the petitioners land and disconnected the electricity supply and also removed their fence and thereby tampering the agricultural operation being carried in the petitioners land. The petitioners many times requested the oﬃcials of the 4th respondent that they have been allotted the lands in 1974 and also submitted the status quo orders which are passed in favour of the petitioners on the ﬁle of Honourable Junior Civil Judge, Medchal and also gave the complaint to the Police Alwal, but the oﬃcials of the 4 th respondent illegally trying to enter into the petitioners land and dispossess the petitioners from their lands. The oﬃcials of the 4 th respondent have been day in and day out interfering with the possession and enjoyment of the petitioners land. Therefore, it is always a hanging sword on the neck of the petitioners.” Since the petitioners have already approached the civil Court and sought for injunction, invoking jurisdiction of this Court under Article 226 of the Constitution of India on the same cause of action is misconceived. Hence, the writ petition is dismissed at the admission stage. No costs. _________ 4-11-2008 Note: Issue CC by two days. (B.O) rkk