IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 2019 of 2005 Between: 1 Madisa Demudu, S/o Late Peda Adeyya, R/o Gollajagga Rajupeta, Gajuwaka Municipality. Visakhapatnam District. 2 Yeduru Apparao, S/o Late Simhachalam, R/o Gollajagga Rajupeta, Gajuwaka Municipality. Visakhapatnam District. 3 Kona Chinna Rao, S/o Late Durgalu, R/o Gollajagga Rajupeta, Gajuwaka Municipality. Visakhapatnam District. .... PETITIONERS AND 1 The Commissioner, Gajuwaka Municipality, Gajuwaka, Visakhapatnam District. 2 The Government of Andhra Pradesh, rep. by its Principal Secretary, UD & MA Department, Secretariat, Hyderabad. 3 The District Collector, Visakhapatnam District. ....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 direct the respondents not to interfere with the possession of the land in 10 feet width attached to their plots in the eastern side adjacent to the so called Gedda and not to demolish the structures, if any, in the interest of justice. Counsel for the Petitioners:MR.M.V.RAJA RAM Counsel for the Respondent No.1: Sri N.Ranga Reddy. Counsel for the Respondents 2 and 3: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORDER: The petitioners seek a writ of mandamus directing the respondents 1 and 3 to consider their case as per G.O.Ms.No.361, dated 15.04.1989 for assigning the land in question on payment of market value by declaring the action of the respondents, as illegal and arbitrary and consequently to direct the respondents not to disturb them from 10 feet land which is in their occupation ever since 1979. It is the case of the petitioners that they were assignees of Plot Nos.10, 22 and 34. But, there is no supporting document as to whether the 3rd petitioner was the allottee of plot No.34 in Sy.No.61/16 in Pakirtakya village, Gollajaggarajupeta of Visakhapatnam taluk under the scheme of house sites to the weaker sections in the year 1979. It is stated that 10 feet width land is left over by the government abutting the said land and the petitioners have occupied the said 10 feet land adjacent to the assigned land. When action has been initiated to evict the petitioners, they have filed this writ petition for an extent of 10 feet land and obtained interim order of status-quo. It is the case of the petitioners that as per the orders of the government dated 15.04.1989 some encroachers have been given house site pattas and they shall not be evicted. It is further stated that subsequently also the government issued certain orders for regularization of the encroachments. I am not inclined to express any opinion as to whether the encroachers are also entitled for regularization of land or not, and whether there is any prohibition for regularization of encroachments in Visakhapatnam. However, it is for the petitioners to make a representation before the authorities concerned for regularization of encroachments if they are entitled and if any such representation is filed, the same may be considered and disposed of in accordance with law. With the aforesaid observations, the writ petition is disposed of. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:10.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{AVLR}