IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 9270 of 2008 Between: 1 Balaji guru Prasad s/o. Venkata Laxmi Narayana R/o. K.P.H.B.Colony, Flat No. 4058 in Swarna Sai Homes, Located in Plot No. 391 & 392, H.I.G. Phase-VI, Hyd. 2 Chintapudi Ramaiah S/o. Punnaiah R/o. Cherukupalli Village & Mandal, Guntur Dist. ..... PETITIONERS AND 1 The Vice-Chairman & Managing Director, Vijayawada, Guntur & Tenali Urban Development, Authority, Vijayawada, Vijayawada Municipal Corporation, Vijayawada, Krishna Dist. 2 The District Collector, Guntur District, Guntur. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in highhandedly taking possession of the petitioner's houses constructed in Plots bearing No.13 and 14 the lay out in Sy.Nos. 64/2 and 65/A & B of Navaluru Village, Mangalagiri Mandal, Guntur District, without following the due process of law and even without following the directions of this Hon'ble Court in Similar Circumstances in Batch of writ petitions as illegal, arbitrary, unconstitutional and aganist to the principles of natural justice. Counsel for the Petitioner: MR.B.CHINNAPA REDDY Counsel for the Respondent No.: K.ARUNA(SC FOR V.G.T.M.U.D.A) The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 9270 of 2008 O R D E R : This writ petition is field seeking a declaration that the alleged action of the respondents in attempting to dispossess the petitioners from the houses constructed in plots bearing Nos.13 and 14 in the lay out in Sy.Nos.64/2 and 65/A & B of Navaluru Village, Mangalagiri Mandal, Guntur District, without following due process of law, is arbitrary and illegal. Heard the learned counsel for the petitioners as well as Smt. K.Aurna, who accepted notice for the first respondent. It is represented by the learned counsel for both parties that in identical circumstances, this Court disposed of W.P.No.5696 of 1991 permitting the petitioners therein to make a representation to the first respondent for allotment of the plots on which they constructed their buildings. The operative portion of the said order may be extracted hereunder: “Under the above circumstances, the writ petition is disposed of directing the petitioners to make a representation to the 1st respondent, within three weeks from today, for allotting the plots where the petitioners have already constructed their buildings, if necessary on payment of any amount payable by the petitioners in respects of the plots, already in their occupation. On such representation, the respondents are directed to consider the same and pass appropriate orders. Till such disposal of the representation, the possession of the petitioners may not be disturbed. No costs.” Since the petitioners herein are also similarly situated, following the above order, the writ petition is disposed of with liberty to the petitioners herein to make a representation before the first respondent for allotment of the plots on which they have constructed buildings. If any such representation is made within a period of four weeks from today, respondents shall consider the same and pass appropriate orders in accordance with law. Till such time, status quo as on today as to the nature and possession of the property in question shall be maintained. No costs. ______________ G. ROHINI, J Dated: 10-06-2009 Note: Issue C.C. in 2 days. B/o KLP