THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.15638 OF 2011 O R D E R: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of respondent No.1 in seeking to interfere with the peaceful possession and enjoyment of petitioners over the property bearing D.No.22-206/12 covered by Sy.No.173/1 situated at Ganesh Colony, Srinivasanagar, Pendurthi Mandal, Visakhapatnam District and in seeking to demolish the same as illegal and arbitrary. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners are wife and husband respectively. Petitioner No.1 is the absolute owner and possessor of an extent of 400 sq.yards together with house bearing D.No.22-206/12 in Sy.No.173 of Ganesh Colony, Srinivasa Nagar, Pendurthy Mandal, Visakhapatnam having acquired the same by virtue of an oral family settlement and has been paying the property tax. Petitioner No.2 purchased an extent of 108 Sq.yards, 123 Sq.yards and 131.66 Sq.yards under registered sale deeds covered by Sy.No.173/1 of Ganesh Nagar Colony, Vepagunta Village, Srinivasa Nagar and since then, the petitioners are in peaceful possession and enjoyment of the said property. The petitioners constructed small temporary roofed sheds and compound wall with a view to protect the property from the land grabbers. While so, the officials of respondent No.1 are interfering with the possession and enjoyment of the petitioners. On 06.06.2011, the said officials tried to demolish the structures. No notice was issued nor any enquiry was conducted in this regard. Hence, the present writ petition. 3. Respondent No.1 Corporation filed counter-affidavit stating that they did not interfere with the property in Sy.No.173, which is a private land, but the sheds constructed in Sy.No.170 have been removed departmentally, as the land in Sy.No.170 is a Government land and that the house property of the petitioners bearing D.No.22-206/12 was not touched. 4. The apprehension of the petitioners that the petitioners’ house bearing D.No.22-206/12 is being demolished cannot be accepted in view of the fact that respondent No.1 Corporation filed a counter- affidavit stating that they have not tried to remove the building of the petitioners. In case the respondent Corporation finds that the petitioners made any constructions without permission or deviation from the sanctioned plan, they would take appropriate action with regard to the constructions, if any, made by the petitioners in accordance with law after giving notice calling for explanation. 5. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 29th November, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.15638 OF 2011 Date:29.11.2011 AMD