THE HON’BLE SRI JUSTICE B. PRAKASH RAO AND THE HON’BLE SRI JUSTICE G.V. SEETHAPATHY W.P.NO.19002 OF 2009 O R D E R: Per the Hon'ble Sri Justice B. Prakash Rao Heard Sri N. Ravi Prasad, learned counsel for the petitioner, Sri P.V. Vidyasagar, learned Standing Counsel for Respondent No.1, learned Government Pleader for Municipal Administration and Urban Development for Respondent No.3 and Sri A. Sridhar, learned Standing Counsel for Respondent No.5. At the request of the learned counsel on either side, the Writ Petition itself is taken up for disposal at the stage of admission. The petitioners herein in all 14 individuals claiming to be in possession and enjoyment for quite a long time in respect of the lands in Survey Nos. 96/1 and 90/1 of Vedayapalem Village, Nellore Municipality, filed this Writ Petition inter alia seeking a comprehensive relief, which is as under: “ It is prayed that the Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 1st respondent – Lokayukt against the petitioners incompliant No. 489/07-B2 dated 25.04.2008 and dated 12.1.2007 without issuing any notice or giving chance of hearing to the petitioners and also without any jurisdiction under the A.P. Lokayukt and Upa lokayukt Act, 1983 and directing respondents 2 to 5 to remove the petitioners from thier respective pieces of land in S.No. 96/1 and 90/1 of Vedayapalem Village, Nellore Municipality and also the action of respondents 2 to 5 in issuing notices to the petitioners to remove encroachments, even without considering the representations/explanations submitted by the petitioners and asking the petitioners to vacate the respective pieces of house sites as illegal, arbitrary and unconstitutional and consequently set aside the orders passed by the 1st respondent in Complaint No. 489/07-B2 dated 25.04.2008 and dated 12.12.2007 by directing respondents 2 to 5 not to dispossess the petitioners from their respective houses/sites situated in S.No. 96/1 and 90/1 of Vedayapalem Village, Nellore Municipality.” The main grievance of the petitioners is that even though they have been in possession of the premises in question and constructed their respective houses, having regard to certain notices issued earlier, they had to approach this Court by filing three writ petitions, W.P. Nos. 6537, 18226 and 23439 of 2008, which have been disposed of by this Court with a direction to pass appropriate orders. The entire dispute is that the petitioners are being sought to be dispossessed without any notice and considering their entitlement, etcetera. Now the case of the petitioners is that even though the proceedings are pending before Respondent No.5, who is the proper authority, Respondent No. 1 – Lokayukta has entertained a complaint and sought to evict them. According to the petitioners, the very entertainment of the complaint by Respondent No.1 is also not proper and the question of issuance of notices for evicting the petitioners is also outside the scope of the powers conferred on Respondent No.1. Hence, the writ petition. On behalf of the respondents, different counters have been filed. On a consideration of the entire submissions, in detail, and also the pleadings, what all transpires now is, having regard to the earlier directions given by this Court in the earlier Writ Petitions, the proceedings are still pending and no final orders are passed by Respondent No.5. In terms of the earlier orders, notices have been issued on 19.12.2008 and all the petitioners were present on the date of hearing i.e. on 30.12.2008 before Respondent No.5 and thereafter, no orders have been passed. Still the matter is under consideration. Having regard to the aforesaid situation, the apprehension expressed on the behalf of the petitioners is only misconceived and unsustainable. On a perusal of the proceedings of Respondent No.1 also, we are of the opinion that no such positive directions have been issued for eviction of the petitioners. Necessarily, Respondent No.5 has to pass orders considering the petitioners’ cases and their entitlement to hold the houses/land, etcetera. In view of the same, it is too premature to entertain any complaint of this nature and even the present Writ Petition. Hence, we do not find any merits in the Writ Petition and the same is accordingly dismissed with liberty to Respondent No.5 to pass appropriate orders by taking into consideration all the facts including the entitlement of the petitioners, in view of the directions given by this Court in the earlier Writ Petitions. No costs. --------------------------- B. PRAKASH RAO, J --------------------------------- G. V. SEETHAPATHY, J 27th January 2009 Note: Issue CC in one week. ksld