IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.4296 of 2004 Between: Smt. T. Rangamma, W/o. late Appa Rao, Properties, R/o.27-25-24, Kaspavari Street, Governorpet, Vijayawada-520 002. ... 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 may be pleased to issue a writ, order or direction, more particularly one under Writ of Mandamus, declaring the action of the respondent Corporation in interfering with petitioner's private property as illegal and ultra vires to the provisions of Article 14, 21 & 300-A of Constitution of India and also the mandatory provisions of A.P. Municipal Corporation Act besides directing the respondent Corporation not to interfere with the peaceful possession and enjoyment of the petitioner's property being an extent of Ac.0.29 cents of land situated in Old NTS No.373 and New Asst.No.373-2A of Ranigari Thota of Vijayawada Municipal Corporation. Counsel for the petitioner: Mr. V.S.R. Anjaneyalu (NA) Counsel for the respondent: Smt. G. Jhansi The Court made the following Order: There is no representation on behalf of the petitioner either in the forenoon or afternoon. Heard the learned standing counsel appearing on behalf of the respondent and perused the material on record. 2. The petitioner seeks a Writ of Mandamus declaring the action of the respondent in interfering with the possession of her land to an extent of Ac.0.29 cents covered by NTS No.373 (New Asst. No.373-2A) of Ranigarithota, within the limits of the respondent-corporation. It is the case of the petitioner that her husband was the owner and possessor of land, originally, to an extent of Ac.4.82 cents, covered by the aforesaid survey number, having purchased the same by registered sale deed dated 25-08- 1989 and after his death, she has succeeded to the same. It is stated that out of Ac.4.82 cents of land, an extent of Ac.4.49 cents of land was acquired for rehabilitation of fire victims of Bhaskararaopet and compensation was paid. It is the grievance of the petitioner that though she continued to own and possess the remaining extent of Ac.0.33 cents of land, an extent of Ac.0.04 cents is in occupation of Ramalayam Temple and therefore she continues to own and possess an extent of Ac.0.29 cents of land. It is stated in the affidavit filed in support of the writ petition that though the said piece of land is not part of the acquisition, respondent is interfering with her possession over the said land by undertaking plantation under a programme called ‘Clean and Green’. 3. A counter affidavit is filed on behalf of the Vijayawada Municipal Corporation, wherein it is stated that out of an extent of Ac.4.82 cents of land, Ac.4.49 cents of land was acquired and Award No.1/82 dated 16-01-1982. Further, it is stated that an extent of Ac.0.04 cents of land is in occupation of Ramalayam Temple and remaining extent of Ac.0.29 cents is also acquired by National Highway Department for the purpose of bye-pass road in the year 1960 and compensation is paid. It is stated that pursuant to acquisition, changes were also made in the survey records. 4. Though counter affidavit is filed in the year 2004 itself, no reply affidavit is filed disputing the averments made in the counter affidavit. 5. As much as the remaining extent of Ac.0.29 cents of land, which is claimed by the petitioner, has already been acquired by the National Highways Department, and compensation is paid, by passing an Award, the petitioner, by claiming ownership over the said extent of land, cannot seek any directions against the respondent not to interfere with her possession. 6. No relief, as sought, can be granted in the writ petition and the same is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J. August 7, 2009 MRR .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP {RS}