THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO :19097 of 2009 DATED: 18-09-2009 Between: Smt. Alla Samatha. ..... PETITIONER And The Superintendent Engineer, Irrigation Circle, Dowlaiswaram, East Godavari District & 4 others. .....RESPONDENTS ORDER: Petitioner was given permission in the year, 2002 to start a Yoga Ashram by raising temporary constructions. The said permission was for a period of two years and thereafter it was renewed up to 2007. In the year, 2007, petitioner made an application for renewal of the same and the 3rd respondent-Deputy Executive Engineer, Godavari Head Works Division, Dowlaiswaram, East Godavari District also recommended to accord permission to the petitioner for a further period of four years and the same is under consideration. Now, the respondent authorities are trying to evict the petitioner on the ground that under the guise of making temporary constructions, the petitioner made permanent constructions and the same is contrary to the permission accorded and hence, the petitioner approached this Court and filed the present Writ Petition with the following prayer: “For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Honourable court may be pleased to issue writ or order or direction, more particularly, one in the nature of writ of Mandamus declaring the highhanded action of the respondents in interfering and to demolish the temporary structures raised by the petitioner for running the health resort in the name and style of ‘Saikrishna Health Resorts’ situated in an extent of Ac.4.00 cents in Sy.Nos.588/2, 589/1 and 590/1 of Pidimgoyya village, Rajahmundry Rural mandal, East Godavari District without issuing any notice or passing any order, as illegal, arbitrary, and violative of fundamental rights guaranteed under Articles 14, 21 and 300A of the Constitution of India and further direct the respondents to renew the permission to run the health resort in pursuance of the recommendation of the 3rd respondent, dated 07-01-2008, and consequently to direct the respondents not to dispossess the petitioner from the above mentioned lands in the interest of justice and to pass such order or orders as this Honourable Court may deem fit and proper in the circumstances of the case”. 2. Heard learned counsel appearing for the petitioner; learned Government Pleader for Irrigation appearing for the respondents 1 to 4; and the learned Government Pleader for Revenue appearing for the 5th respondent. 3. Having considered the submissions made by the learned counsel appearing for the petitioner and also the learned Government Pleaders, this Court is of the view that this Writ Petition can be disposed of with a direction to the 2nd respondent- Executive Engineer, Godavari Head Works Division, Dowlaiswaram, East Godavari District to consider the said recommendations made by the 3rd respondent-Deputy Executive Engineer, Godavari Head Works Division, Dowlaiswaram, East Godavari District on 07-01-2008 and pass appropriate orders at the earliest, preferably, within a period of eight weeks. In the meanwhile, the respondent authorities shall not interfere with the petitioner’s activities of Yoga etc., However, this order does not prohibit the authorities to proceed against the petitioner if they find any illegal activity being taken up in the said premises. 4. Accordingly, Writ Petition is disposed of at the stage of admission. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 18th September, 2009. Note: Issue operative portion of the order by wire at party’s costs. B/o Tsy