Mohamed Rafi S/O Mastan, v. .The Singareni Collieries Company Ltd

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.21456 OF 2017 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, for the following relief: "pleased to issue writ or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents into the peaceful possession and enjoyment of open land and house bearing No.

9-6-69/1/1 covered by an extent of 466 square yards situated at Shamseernagar, Bellampally Municipality, Mancherial District and thereby by trying to evict and dispossess the petitioner without issuing any notice and without following the due process of law as arbitrary and illegal and also violative of Article 14, 21 and 300A of Constitution of India and consequently direct the respondents not to interfere in to the peaceful possession and enjoyment of the without due process of law or to pass such any other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2.

Heard learned counsel for the petitioner and learned standing counsel, Sri J.Srinivasa Rao, from the instructions on behalf of the respondents and perused the prayer in the writ petition with supporting affidavit and the material on record.

3.

It is the contention of the petitioner that he is the owner of the house bearing No.9-6-69/1, in an extent of 466 square yards of Shamseernagar, Bellampally Municipality, Mancherial Revenue District and the respondents, representing the entity Singareni Collieries Company Limited, are forcibly trying to dispossess the petitioner without following due process of law if at all. With the supporting affidavit, the petitioner filed the Municipal House Certificate of he is resident of the house and the Municipal Tax payment receipt of current year 2017-2018 for the second quarter dated 26.05.2017. It is the claim that the petitioner purchased the subject property from one Md.Sadiq. The petitioner placed reliance in support of the prayer from the affidavit averments so-called unregistered sale deed dated 02.01.2011, which no doubt does not confer any right or title. 4.

Needless to say, from the submission by the learned standing counsel for the respondents, that it is the property of the Singareni Collieries Company Limited, neither Md.Sadiq nor the petitioner can claim any ownership or right over the property.

5.

Having regard to the above, this writ petition is disposed of, if at all it is the private property of the petitioner, the respondents shall not interfere and otherwise if it is property of the respondents by establishing they can by following the due process of law remove the encroachment.

6.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. No order as to costs.

______________________________ DR.B.SIVA SANKARA RAO, J 06.07.2017 Note: issue C.C. by tomorrow.

B/o.SS