IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 9751 of 2000 Between: 1 B. Kamalamma W/o. Bala Narasaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 2 Chandrakala W/o. Yadaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 3 Lakshmi W/o. Tulasidas R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 4 K. Agamma W/o. K.Komaraiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 5 B. Mallesha S/o. B. Venkaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 6 Kadari Suguna W/o. Ramaswamy R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 7 Kadari Suvarna W/o. Veerabhadraiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 8 Kadari Jayanth Kumar S/o. Ramaswamy R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 9 Pochamma W/o. Sailu R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 10 S. Narsing Rao S/o. Mallesha R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 11 N. Komaramma W/o. Rajaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 12 N. Renamma W/o. Charan R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 13 Yellamma W/o. Balaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 14 Ch. Padma W/o. Jagdish Babu R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 15 A. Manemma W/o. Mallesh R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad district. 16 A. Sambaiah S/o. Laxmaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 17 K. Raju S/o. Laxmaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 18 B. Narsamma W/o. Narsimhulu R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 19 D.Pochamma W/o. Gopaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 20 A. Meena Kumari W/o. Prakash R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 21 Swaroopa W/o. Narasimha R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 22 V. Rajeswari W/o. Durgaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 23 D. Manemma W/o. Yadagiri, R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 24 B. Nirmala W/o. Yadagiri R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 25 P. Narsing Rao S/o. Gopaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 26 B. Lingam S/o. Chandraiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 27 M. Anitha W/o. Raju R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 28 P.Pooja W/o. P. Ramulu R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 29 Subhadra W/o. Lingam R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 30 Saradha W/o Lingamurthy R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. 31 Mariyamma D/o. Papaiah R/o. Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District. ..... PETITIONERS AND 1 The State of Andhra Pradesh, Rep. by its Secretary to Government, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Hyderabad, Hyderabad District. 3 The Revenue Divisional Officer, Hyderabad, Hyderabad District. 4 The Mandal Revenue Officer, Musheerabad Mandal, Musheerabad, Hyderabad. 5 Jamia Masjid, Rep. by its President Syed Baquer Hussain, Hyderabad, Masjid-e-Quba Risala Khursheed Jahi Zamishthanpur, .....RESPONDENTS Counsel for the Petitioners:NONE APPEARED Counsel for Respondent Nos.1 to 4 :AGP FOR REVENUE The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the action of the respondents in seeking to evict the petitioners from the land admeasuring 2240 sq.yards in Survey No.179 situated at Zamisthanpur, Risalagadda, Musheerabad Mandal, Hyderabad District without issuing notices and following due process of law as illegal and arbitrary. In the affidavit filed in support of the writ petition, it is stated that petitioner No.1 is a member of Rajiv Gandhi Nagar Huts Association, Rajiv Gandhi Nagar, Zamisthanpur, Risalagadda, Hyderabad along with other petitioners; that they have erected about 61 huts over the said land; that in Writ Petition Nos.12650 and 5049 of 1996, this Court directed the District Collector, Hyderabad, the Mandal Revenue Officer, Musheerabad Mandal and the State Government represented by its Secretary, Revenue Department to consider the representations of the petitioners therein sympathetically for regularisation of their unauthorized occupation and that despite the same, the respondents are seeking to evict the petitioners forcibly. In the counter-affidavit filed by the Mandal Revenue Officer, Musheerabad, it is averred that the total area of Zamisthanpur Village is Acs.1780.05; that the land in Survey No.179 is shown in Sethwar under the Heading ‘Gaothan’, which means a village site used for communal purposes and that a notification under Section 13 of the Survey and Boundaries Act was issued, which was published in the Gazette on 18.04.1977 treating the said land is in possession of the Government under the Town Survey. The answering respondent denied the claim of petitioner No.1 that she is the Member of Rajiv Gandhi Nagar Huts Association, Zamisthanpur along with others and they raised 30 huts. He submitted that only 14 beneficiaries have raised huts in an extent of 365 sq.meters of land in survey No.179 of Zamistanpur Village. As per the directions of this Court, the request of the said 14 beneficiaries were considered and they have been rehabilitated in the weaker section Housing Colony, Gudimalkapur Village, Asifnagar Mandal, Hyderabad District on 17.05.2000 by issuing possession certificates. He further submitted that at present, 31 beneficiaries, who filed Writ Petition No.9751 of 2000, are not residing at the spot. He denied the claim of the petitioners that they are residing in the land in dispute. No rejoinder affidavit is filed controverting these allegations. In the absence of any proof that the petitioners are residing in the land in question and they not being parties to the earlier writ petitions, the petitioners’ claim that they are in possession of the land in question cannot be accepted. The writ petition is, therefore, dismissed. C.V.NAGARJUNA REDDY, J 16th JULY, 2008. kvni