IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND ELEVEN :PRESENT: THE HON’BLE SRI JUSTICE: L.NARASIMHA REDDY WRIT PETITION NO : 6076 of 2009 Between: 1. Zafarullah Khan, S/o.Late Nasarullah Khan 2. Smt. Nusrat Khatoon, D/o. Late Zubeda Khatoon. ..... Petitioners AND 1. The Commissioner, GHMC, Greater Hyderabad Municipal Corporation, MCH Building, Tank Bund Road, Hyderabad (formerly The Municipal Corporation of Hyderabad, A.P., rep. by its Commissioner, Office at Lower Tank Bund, Hyderabad). 2. The Assistant Commissioner/Special Officer, Circle No. IV, (Formerly Circle No.I), Office of the Greater Hyderabad Municipal Corporation, Sardar Mahal, Charminar, Hyderabad. .....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, more particularly one in the nature of a writ of mandamus directing the respondents 1 and 2 to deliver the land admeasuring 1518 square yards, bearing Municipal No. 16-11-1/5/5A, Situated at Teegalaguda, Malakpet, Hyderabad, located adjacent to the compound wall of Tej Raj Garden, more fully and clearly described in the schedule hereunder, or in the alternative direct the respondents to pay to the petitioners herein a sum of Rs. 2,27,70,000/- (rupees two crores, twenty seven lakhs and seventy thousand only) as compensation for having illegally occupied the same by laying a road thereon and further direct the respondents to pay to the petitioners a sum of Rs. 50,000/-(rupees fifty thousand only) per month for having unlawfully occupied the said property belonging to the petitioners and laying a road thereon, on the ground that the said action on the part of the Respondents is arbitrary, irrational, illegal and violative of the fundamental rights as there have been judgments and decrees rendered by the competent courts in favour of the petitioners and against the Respondents, restraining them from occupying the land without the due process of law. SCHEDULE OF PROPERTY All that open land of 22’ (North South) width, commencing from West South Corner of still existing southern wall of Tej Raj Garden compound wall, admeasuring 1518 square yards with two rooms bearing M.No. 16-11-1/5/5A, Teegalaguda, Malakpet, Hyderabad – A.P. and bounded by: On the North by: Tej Raj Compound wall On the South by: Plot No. 7 to 13 of Saleemnagar Colony. On the West by: Saleemnagar Colony On the East by: 30’ road of Saleemnagar Colony. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated. 21-02-2011 made herein and upon hearing the arguments of Sri Mohammed Imran Khan, Advocate for the Petitioners and of Sri R.Ramachandra Reddy – S.C. for GHMC for the Respondents, the Court made the following ..2.. ORDER: “ Heard the learned counsel for the petitioners in detail with reference to the report. The petitioner paid a sum of Rs. 5,000/- to the Advocate Commissioner. The work undertaken by the Advocate Commissioner involved several details and visits to the spot. Learned counsel for the petitioner submits that his clients are not in a position to bear any amount further. The Municipal Corporation shall also pay a sum of Rs. 5,000/- to the Advocate Commissioner, within a period of two (2) weeks from today. Post on 29-04-2011 in the Motion List.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Commissioner, GHMC, Greater Hyderabad Municipal Corporation, MCH Building, Tank Bund Road, Hyderabad (formerly The Commissioner, Municipal Corporation of Hyderabad, A.P., Office at Lower Tank Bund, Hyderabad). 2. The Assistant Commissioner/Special Officer, Circle No. IV, (Formerly Circle No.I), Office of the Greater Hyderabad Municipal Corporation, Sardar Mahal, Charminar, Hyderabad. 3. One CC to Sri Mohammed Imran Khan, Advocate(OPUC) 4. One spare copy. SAH HIGH COURT LNRJ DATED: 28-04-2011 NOTE: POST ON 29-04-2011 IN THE MOTION LIST ORDER WP.NO. 6076 OF 2009 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 28-04-2011 HIGH COURT LNRJ DATED: 28-04-2011 NOTE: POST ON 29-04-2011 IN THE MOTION LIST ORDER WP.NO. 6076 OF 2009 DIRECTION