IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.20005 of 2001 Between: 1 M.Kanaka Durga, W/o. Late Gopala Krishna Reddy, R/o. Flat No.86, Jyothi Nesidency, MCH No.1, 1-79, Moti Nagar, Erragadda, Hyderabad - 18 2 Munnangi Subbamma, W/o. Late Hanimi Reddy, R/o. Syamala Nagar, Guntur. ..... PETITIONERS AND 1 The Vice-Chairman, V G T M, Urban Development Authority (UDA) Vijayawada, Krishna District. 2 The Govt. of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat Buildings, 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 will be pleased to to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in giving notice of public action by including the petitioner's property in Sy.No.258/E without having right over the property as illegal, arbitrary and unconstitutional and to pass Counsel for the Petitioner:MR.B.CHINNAPA REDDY Counsel for the Respondent No.: . The Court made the following: Form-NIC-OGS/WP{ANURADHA} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.20005 of 2001 ORDER: It is the case of the petitioners that their respective husbands viz., late Gopala Krishna Reddy and late Hanimi Reddy, during their lifetime, jointly purchased an extent of 567 sq.yards situated in Sy.No.258/E of Gujjanagundla village, H/o.Koretapadu Revenue village of Guntur city vide registered sale deed dated 07.03.1980 and after purchase of the said land, the husbands of the petitioners died, and thereafter, the petitioners have been in continuous possession and enjoyment of the said land. It is stated that without issuing any notice, without giving any opportunity, the respondent issued a notiﬁcation for conducting public auction in respect of the land of the petitioners which is shown in the auction notiﬁcation as 637.55 sq.yards in Sy.No.258/E7 of Koretepadu, proposing to conduct auction on 26.09.2001 in the office of the 1st respondent. It is stated that this Court while admitting the writ petition, granted interim stay of the alleged auction by order dated 26.09.2001 No counter is filed. None appears for the respondents. Having regard to the facts of the case, I am not inclined to express any opinion with regard to right, title, possession, location and boundaries of the said property alleged to have been purchased by the husbands of the petitioners, but, however, as the petitioners are alleged to have been in occupation of the land in question, without following due process of law, the petitioners cannot be dispossessed therefrom and the said property cannot be to auction or sold by the respondents in any manner. The Writ Petition is, accordingly, disposed of. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 25.08.2008 Dsr ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Vice-Chairman, V G T M, Urban Development Authority (UDA) Vijayawada, Krishna District. 2 The Govt. of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 3. 2CCs to 4. 2CD copies