LAWS(APH)-2008-3-29

P MANOJ KUMAR Vs. VICE CHAIRMAN AND COMMISSIONER

Decided On March 10, 2008
P.MANOJ KUMAR Appellant
V/S
VICE-CHAIRMAN AND COMMISSIONER, A.P. HOUSING BOARD, HYDERABAD Respondents

JUDGEMENT

(1.) THIS writ petition is filed for a writ of mandamus to declare the action of the respondent in interfering with the petitioners' possession Of the property bearing municipal no. 10-1-611/51 of West Maredpally, secunderabad, without notice, as illegal, arbitrary and violative of principles of natural justice. The petitioners also sought for a consequential direction to the respondent not to interfere with their possession of the said property.

(2.) IN the affidavit filed in support of the writ petition, the petitioners averred that they are the absolute owners and possessors of the abovementioned property admeasuring 700 square yards situated at West Maredpally, having purchased the same under the registered document bearing No. 2202 of 2004. They asserted that the said property is a private property and the Joint Collector, Ranga reddy District, gave "no Objection Certificate" to that effect. They alleged that on 22. 01. 2007 the officials of the respondent came to the said property and tried to interfere with their possession without prior notice, therefore they filed the present writ petition.

(3.) THE Executive Engineer (Housing), south Division of the A. P. Housing Board, hyderabad, filed counter affidavit. In paragraph 9, he traced the title of the property as under: