IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 17552 of 2008 Between: 1 Kanneganti Gokul Chand, S/o. Venkatrayudu, Rep by their GPA Holder M. Chidabara Rao, S/o. Late M.Venkata Ramaiah, aged 73 years, R/o. H.No. 7-1-277/415, Plot No. 186/B, S.R. Nagar, Hyderabad. 2 Kanneganti Mohan Chand, S/o. Venkatrayudu, Rep by their GPA Holder M. Chidabara Rao, S/o. Late M.Venkata Ramaiah, aged 73 years, R/o. H.No. 7-1-277/415, Plot No. 186/B, S.R. Nagar, Hyderabad. ..... PETITIONERS AND Municipal Corporation of Vijayawada, Rep by its Commissioner, Vijayawada, Krishna District. .....RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in issuing the impugned endorsement dt. 27-8-2007 vide No. G2- 41951/2007 despite submitting all the relevant documents showing the ownership and possession of the petitioners as illegal, arbitrary, improper and against to the principles of natural justice and consequently direct the respondent herein to conduct the survey and to ﬁx the boundaries in respect of the Plot No. 21 admeasuring 2068 sq. Yds. situated in Sy.No. 14 of Machavaram, Vijayawada, Krishna District. Counsel for the Petitioners: MR.PALLE NAGESWAR RAO Counsel for the Respondent : SMT.G.JHANSI, Standing Counsel. The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are 2 in number, assailing the endorsement vide No.G2- 41951/2007, dated 27.08.2007, of the respondent Corporation. 2. The petitioners claim that they got 2068 sq. yards in Plot No.21 comprising Survey No.14, Machavaram, Vijayawada, Krishna District, pursuant to the execution of the decree passed in O.S.No.7 of 1962 on the ﬁle of I Additional Subordinate Judge, Vijayawada. According to them, one K.Lakshminarayana, one of the legal heirs of K.Madhuramma, made an application to the respondent Corporation for demarcation of the land, which has been put in possession pursuant to the decree passed in O.S.No.7 of 1962. His application came to be returned with the following endorsement, transaction of which, reads as hereunder: “As per your representation, cited at reference the applicant requested to show the boundaries and as per the Land Survey Records and Inspection Report of the Town Surveyor, the said land is situated in Revenue Ward No.16, Block No.24, N.T.S.No.1, Machavaram area, recorded as Konda Poromboke. If the applicant is granted the patta by the Government, and unless the said patta is furnished, it is not possible to show the boundaries. As per the documents furnished by the applicant, it is not possible to show the boundaries and accordingly informed.” The said endorsement is under challenge in this writ petition. 3. When the writ petition came up for admission, Smt.G.Jhansi, learned Standing Counsel of Municipal Corporation of Vijayawada, takes notice on behalf of the respondent Corporation. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent. 5. Indisputably, the petitioners have not made any representation to the respondent Corporation for demarcation of the land said to have been allotted to the legal heirs of K.Madhuramma in the civil suit. The endorsement is issued to one K.Lakshminarayana. The petitioners are not the General Power of Attorney Holders of said K.Lakshminarayana. Therefore, the validity of the endorsement given to the said K.Lakshminarayana cannot be gone into this Writ Petition. 6. Accordingly, the Writ Petition is dismissed at the admission stage reserving liberty to the petitioners, if they are so advised, to make a fresh application for demarcation of the land. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:04th November, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}