IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 9995 of 2008 Between: Grandhi Kamaraju, s/o. Late Padmaraju, Peda Waltair, Visakhapatnam. ..... PETITIONER AND 1 Visakhapatnam Urban Development Authority, Visakhapatnam rep by its Vice Chairman, Udyog Bhavan, Siripuram Junction, Visakhapatnam 2 The District Collector, Visakhapatnam 3 The Tahsildar, Visakhapatnam Rural, 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 or order, more particularly, one in the nature of Writ of Mandamus or any other writ declaring that the action of the 1st respondent in interfering with the petitioner's possession and enjoyment over the land in an extent of Ac. 4.18 cents of land situated in S.No. 153/3 of Paradesipalem Village, Visakhapatnam or dealing with the same in any manner without following the due process of law is an arbitrary exercise of power, without any legal right or basis and without any authority of law. Counsel for the Petitioner : Sri S. Rajan Counsel for Respondent No.1 : Smt. V. Preeti Reddy The Court made the following O R D E R: The writ petition has been instituted apprehending that the respondents, in particular the 1st respondent – Visakhapatnam Urban Development Authority and the 2nd respondent – District Collector, are seeking to interfere with the possession of the petitioners of an extent of Ac.4.18 cents situated in Survey No.153/3 of Paradesipalem Village, Visakhapatnam District. It is the case of the petitioner that the land of an extent of Ac. 4.18 cents situated in Survey No. 153/3 of Paradesipalem Village, Visakhapatnam District is a private zeroyiti land owned by him and that the respondents are unnecessarily interfering with the possession of the same. Mrs. Preeti Reddy, learned Standing Counsel for the 1st respondent has obtained instructions from the 1st respondent – Urban Development Authority. The 1st respondent had prepared a comprehensive lay out under the land pooling scheme in about Ac.300.00 of land situated in Paradesipalem Village, comprising both private and Government lands, and that it had filed a requisition before the District Collector, Visakhapatnam for handing over the possession of Government lands, which fall in alignment of the Visakhapatnam Urban Development Authority master plan. The Collector in response thereto appears to have passed orders, through his proceedings Rc.No.5/2008/E2, dated 31st March 2008, agreeing to hand over the lands belonging to the Government in Paradesipalem Village, except the lands in Survey Nos. 154/1&2, 153/1,2,3 and Survey Nos. 18,19,21 and 22. The District Collector has specifically ordered that these lands are not to be handed over to the 1st respondent – Urban Development Authority. Since the writ petitioner is concerned with the land situated in Survey No. 153/3 of Pradesipalem Village, which, in fact, was not proposed to be handed over by the District Collector to the 1st respondent – Urban Development Authority, the apprehension entertained by the writ petitioner has been belied and, therefore, there is no necessity to entertain this writ petition. Hence, these orders are passed at the stage of admission. The fax message instructions received by the learned Standing Counsel for the 1st respondent which are placed before the Court are taken on record. (NOOTY RAMAMOHANA RAO, J) 1st May 2008 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD}