MIRZA BASHEER BAIG Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Writ Petition, the petitioner has sought a Writ of Mandamus declaring the action of the 2nd respondent in seeking to deprive the petitioner and his family members, of their property rights in respect of the land in Survey Nos.203 and 204 admeasuring 4,595 square yards situated at Lalaguda Village, Marredpally Mandal, Hyderabad District, as otherwise than by due process of law, as illegal, arbitrary and unconstitutional by holding that the order passed covering the Declaration filed by the father of the 3rd respondent in Proc.F1/2808/76 holding him to be excess land holder is in respect of Survey No.202 of Lalaguda Village and shall not bind the petitioner and his family members and to pass such other order or orders as are deemed fit and proper in the circumstances of the case.

(2.) Subsequently, the Writ Petitioner died and vide order dt.25/8/2022 passed in I.A.No.2 of 2021, petitioners 2 and 3 were impleaded as writ petitioners 2 and 3 in the place of the sole deceased writ petitioner. Thereafter, writ petitioners 2 and 3 have filed I.A.Nos.1 and 2 of 2022.

(3.) I.A.No.1 of 2022 is filed seeking amendment of the prayer in the main Writ Petition seeking consequential relief, i.e., to direct respondents 1, 2, 4 and 5 not to interfere with the possession and enjoyment of the petitioners over the land admeasuring 4,595 square yards in old Survey No.179 corresponding to new Survey Nos.203 and 204 admeasuring 4,595 square yards of Lalaguda Village, Marredpally Mandal, Hyderabad (Premises Nos.12/5/149/6/C/5 and H.No.12/5/12- 3/1/A/5 of Bathkammakunta South Lalaguda, Marredpally Mandal, Hyderabad District) in the interest of justice, failing which the petitioners would suffer serious loss and damage.