IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. : 13179 of 2009 Between: 1 P.Raja Rao S/o. P.Venkateswara Rao 54-12-17, Bhanunagar H.B Colony,Visakhapatnam-22 2 M.Rama Mohan Rao S/o Kondaiah 6-16-47/48 Road No.16/3 Arundalpet, Guntur District 3 Y.Ashok S/o. Venkata Subbaiah R/o Plot No.4 Shivaleela Apartment 3/2 Ashok Nagar, Guntur .... PETITIONERS AND 1 The Government of Andhra Pradesh Rep. by its Principal Secretary, Municipal Administration, Secretariat Buildings, Hyderabad 2 The Greater Visakhapatnam Municipal Corporation, Assel Metta Junction, Visakhapatnam rep. by its Commissioner, Visakhapatnam ...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 interfering with petitioners’ possession over the land to the extent of 800 sq. yards, 1001.11 Sq yards 1757 sq Yards in SY No.17/7 (old Sy No.13) in ward No.1 Arilova area China Gadili (V) Visakha Rural (M) Visakhapatnam District as illegal, arbitrary unconstitutional and violative of Articles 14, 21 and 300-A of the constitution of India and consequently direct the respondents not to interfere with and dispossess the petitioners from the lands to the extents of 800.88 sq yards 1001.11sq yards and 1757 sq yards in sy No 17/7(old Sy No.13) in ward No.1 Arilova area Chinna Gandili(V) Visakha Rural (M) Visakhapatnam District without following due process of law and pass such other or further orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.K.S.MURTHY Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN. & URBAN DEV. Counsel for the Respondent No.2: Sri N.Ranga Reddy, Standing Counsel The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. : 13179 of 2009 ORDER: The petitioners herein claim to be the owners and possessors of different extents of land situated in Survey No.17/7 (Old Sy.No.13) in Ward No.1 of Chinnagadili village, Santhapalem, Arilova area of Visakha Rural Mandal, Visakhapatnam District. This writ petition is filed seeking a declaration that the alleged action of the respondents in interfering with the possession of the petitioners in respect of the said land, as arbitrary and illegal. I have heard the learned counsel for the petitioners as well as Sri N.Ranga Reddy, learned Standing Counsel appearing for the 2nd respondent-Corporation. When the matter is taken up for consideration, it is brought to my notice that in relation to the very same survey number, Writ Petition Nos.3659 of 2009 and 7438 of 2009 were filed, and this Court by orders dated 25.02.2009 and 23.04.2009, disposed of the said writ petitions directing the respondents not to interfere with the possession of the petitioners in respect of the lands in question without following the due process of law. Sri N.Ranga Reddy, learned Standing Counsel who accepted notice for the second respondent has not disputed the fact that the petitioners herein are also similarly situated. Accordingly, following the order dated 25.02.2009 in Writ Petition No.3659 of 2009; this writ petition is disposed of at the stage of admission with a direction to the respondents not to interfere with the possession of the petitioners in respect of the lands in question without following the due process of law. Accordingly, the writ petition is disposed of. No costs. _____________ G.ROHINI, J Dt.03-07-2009 Note : - Issue C.C by next week (B/o) RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. : 13179 of 2009 DATED : 03-07-2009