HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.157 of 2005 Date : 26.08.2010 Between : Godi Mahalakshmi. …..Petitioner And The Visakhapatnam Steel Plant, Visakhapatnam, rep. by the Special Grade Deputy Collector, Visakhapatnam & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.157 of 2005 ORDER : In this writ petition, the petitioner seeks declaration by way of Mandamus, declaring the action of respondents in taking steps to demolish his house bearing No.11-15/1, Sector-II, Vadlapudi R.H.Colony, Gajuwaka, Visakhapatnam, as illegal and arbitrary. It is the case of the petitioner that the 1st respondent-Steel Plant allotted house sites to the displaced persons, who lost their houses under the Land Acquisition Act, 1894, for the purpose of Steel Plant at Visakhapatnam. The vendors of the petitioner by name Mortha Muralimohan and Late Budugu Saheb, were amongst the displaced persons and both of them were allotted plots admeasuring 107 sq. yards each, being Plot Numbers 2130 and 2127 respectively, in Sector-II of Vadlapudi R.H. Colony of Gajuwaka Municipality. It is the case of the petitioner that he has purchased the said plots from the allottees by way of registered sale deed, dated 23.07.1993, vide document No.917/1993, and thereafter, after obtaining due permission from the 2nd respondent- Municipality, has constructed a house in the year 1994. The said house was also assessed to property tax and given Municipal house number as 11-15/1, and the petitioner has been paying Municipal taxes. In the writ petition, it is the grievance of the petitioner that on 4th December 2004, respondents have removed the thatched houses on Plot Nos.2125, 2126, 2128 and 2129, and they were also threatening to dispossess the petitioner from his house, on the ground that the original allottees were not eligible for allotment of plots. On 18.01.2005, this Court granted interim orders, directing the parties to maintain status quo, and the said orders continued all along. No counter affidavit is filed by any of the respondents. When the petitioner has purchased the plots in question in the year 1993, and constructions were also made in the year 1994 by obtaining due permission, it is not known as to on what basis, steps are being taken to dispossess the petitioner from his house. If the original allottees were not eligible, it is not open for the respondents to examine such allotments, at this stage, more particularly, after purchase of the aforesaid plots by the petitioner and after construction of a double storied building in the year 1994 by obtaining due permission from the 2nd respondent-Municipality. Such an action on the part of respondents will be in deprivation of rights guaranteed to the petitioner under Article 300-A of the Constitution of India. For the aforesaid reasons, and in the absence of any counter affidavit on behalf of the respondents, this writ petition is disposed of, directing the respondents not to dispossess the petitioner from the house constructed by him in Plot Nos.2127 and 2130 in Sector-II of Vadlapudi R.H. Colony of Gajuwaka Municipality. The writ petition is disposed of, with the directions referred above. No order as to costs. ______________________ 26th August 2010 R. SUBHASH REDDY, J ajr