IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27883 of 2008 Between: Perikala Christoffer S/o. Daveedur R/o. House No. 48-13-1/4, Gunadala, Vijayawada. ..... PETITIONER AND Vijayawada Municipal Corporation Rep. by its Commissioner, Vijayawada. .....RESPONDENT 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 natrue of writ of Mandamus declaring the action of the respondent in proposing to encroach into and take possession of the propert of the petitioner admeasuring 119 sq. yards situated in Sy.No. 326/2A, after Sub Division in R.S.No. 326/2A Gunadala, Vijayawada under the Guise of widening of the pantakaluva and Road from Bandar Road to Eluru Road, Vijayawada without following the due process of Law is high-handed, arbitrary and violative Article 300-A of the Constitution of India and also the principles of Natural justice and consequentially to direct the respondent not to interfere with the peaceful possession and enjoyment of the said property of the petitioer in any manner and to pass Counsel for the Petitioner:MR.AMBADIPUDI SATYANARAYANA Counsel for the Respondent No.: SMT.G.JHANSI The Court made the following : THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27883 of 2008 ORDER: 1 According to the petitioner he is the absolute owner and possessor of the plot admeasuring 119 Sq. Yards situated in Sy.No.326/2A, after Sub Division in LR.S.No.326/2A, Gunadala, Vijayawada. According to him he constructed a pukka house in the said plot and is residing ever since the date of purchase of the said plot. While the matter stood thus, with a view to widen the panta kaluva on either side starting from Bandar Road up to Eluru Road, the respondent authorities had changed the alignment and on account of the same, they are encroaching into the petitioner’s house and are threatening to demolish the structures, so that, the widening of the panta kaluva can be done through the land and house belonging to the petitioner. Hence the petitioner approached this court and filed the present Writ Petition. 2 On instructions, the learned standing counsel Smt. Jhansi submitted that the authorities are not at all interfering with the possession and enjoyment of the petitioner over his house and land and that the authorities are trying to develop the existing drainage and in the process they made some changes but on a mere apprehension only the petitioner approached this Court and filed the present Writ Petition. 3 Having regard to the submissions made by the learned standing counsel for the respondents that the authorities are trying to develop the existing panta kaluva into a pukka drainage canal only without any interference with the petitioner’s possession and enjoyment over his property, this Court is of the opinion that the Writ Petition can be disposed of at the stage of admission as follows: 4 In the result, the Writ Petition is disposed of permitting the respondents to proceed with the conversion of the existing panta kaluva into a pukka drainage canal without any interference with the petitioner’s possession and enjoyment of the house bearing D.No.48- 13-1/4 existing in the plot admeasuring 119 Sq. Yards in Sy.No.326/2A, Gunadala, Vijayawada and if the same is required, they may do so but only after following due process under law. ------------------------ SRI T.G.K, J. 22.12.2008 Kvsn