IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 725 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 26/06/2008 in WP NO : 6978 OF 2008 on the file of the High Court.) Between: St.Stephen Educational Society, Nehru Nagar,Visakhapatnam, Rep by its Secretary Vidya Sunder, S/o. V.J.Jaya Rao, R/o.D.No.10-50-2/4,Nehru Nagar, Visakhapatnam. ..... APPELLANT AND 1 The Commissioner, Bheemunipatnam Municipality, Bheemunipatnam,Visakhapatnam District. 2 Rani Kamala Devi W/o.Late Raja Purna Chandra Deo Bhanj R/o.Daspalla Palace, Surya Bagh, Visakhapatnam. .....RESPONDENT(S) Counsel for the Appellant:MR.T.D.PANI KUMAR Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 725 of 2008 JUDGMENT: (Per Sri Justice B Prakash Rao) Heard both sides and at their request the appeal itself is taken up for disposal at the admission stage. The appellant herein is writ petitioner, having ﬁled the writ petition interalia seeking for writ of mandamus assailing the action of the respondents in forcibly trying to demolish the compound wall and dispossessing it from the land which is to an extent of Ac.5.50 cents in S.No83-1,2 of Chittivalasa village, Bheemunipatnam mandal, Visakapatnam district without issuing any notice or passing any orders. The case of the appellant/petitioner society in brief is to the eﬀect that it is the owner of the subject land and respondents are trying to demolish the compound wall without putting it on notice. The learned Single Judge after taking into consideration the submissions made on either side, did not ﬁnd favour with the same and dismissed the writ petition mainly on the ground that the permission granted to the petitioner for construction of the compound wall was revoked vide proceedings dated 27.12.2007. Having heard the counsel on either side and on perusal of the material, there is no dispute in regard to the fact that there exists a compound wall in the land belonging to the appellant herein, however, vide proceedings dated 27.12.2007 the appellant was asked to stop construction and the appellant contends that he has submitted explanation to the same on 2.2.2008. The learned Standing Counsel for ﬁrst respondent submits that there exist no such revocation of the earlier permission granted to the appellant. In view of the same, it would suﬃce in the interest of justice to direct the respondents to consider the explanation submitted by the appellant and pass appropriate orders in accordance with law thereon. Accordingly, the writ appeal is allowed directing the respondents to consider the explanation submitted by the appellant on 2.2.2008 and after aﬀording reasonable opportunity to appellant, pass appropriate orders in accordance with law expeditiously, preferably within a period of four weeks from the date of receipt of copy of this order. No costs. ________________ B.PRAKASH RAO,J _______________ R. KANTHA RAO,J DATE:22.9.2008 Tvk THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 725 of 2008 Date: 22.09.2008