THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO :22 of 2010 DATED: 27-04-2010 Between: Surisetty Raju Babu @ Ram Babu. ..... PETITIONER AND The Principal Secretary, Endowments Department, Government of A.P., Secretariat Buildings, Hyderabad & 3 others. .....RESPONDENTS ORDER: Petitioner claims to be in possession of an extent of 600 sq.yards of land in Sy.No.275 of Chinagadili village and mandal, which is now part of the Visakhapatnam Municipal Corporation. He has already constructed a house bearing Dr.No.26-199 on that land. The said land belongs to Sri Varaha Lakshmi Narasimha Swamy Vari Devasthanam-4th respondent herein. Large number of encroachments were noticed on vast extent by the 4th respondent. At one such instance, the Government issued G.O.Ms.No.578 Revenue (Endts.IV) Department, dated 19-08-2000, providing for regularization of encroachments. The application for that purpose was to be made within the time stipulated therein, which in turn was extended upto 30-04-2004. Petitioner submits that he made an application for regularization in terms of the G.O.Ms.No.578, dated 19-08- 2000, and complains that the 4th respondent did not take steps. He seeks appropriate directions in this regard. 4th respondent filed a counter affidavit. It is stated that the petitioner did not submit any application within the stipulated time in terms of the G.O. It is further stated that in the interregnum, this Court passed orders in W.P.Nos.11812 of 2005 and 35672 of 2002, virtually prohibiting encroachments of lands owned by the 4th respondent. Heard learned counsel appearing for the petitioner, learned Government Pleader for Endowments and the learned standing counsel appearing for the 4th respondent. 4th respondent was endowed with very large extent of lands by the erstwhile rulers of Vizianagaram. However, over a period, encroachments have taken place, may be due to the lapses on the part of the administration or greed and lawlessness on the part of the people. The Government has also in a way encouraged the encroachers by providing for regularization of encroachments. Petitioner claims to have encroached about 600 sq.yards of land owned by the 4th respondent. While the petitioner asserts that he made application in terms of the G.O., the respondents flatly deny that averment. Petitioner is not able to place any proof before this Court that he filed an application before the 4th respondent in terms of the G.O. before 30-04-2004. The burden in this regard is squarely upon the petitioner to satisfy this Court. Further, even assuming that the petitioner submitted such an application, a substantial development has taken place in the recent past. Dealing with the very G.O., this Court observed in W.P.No.25672 of 2002 that the scheme framed thereunder is superceded and that it is not at all possible for the respondents to regularize the encroachments and that the only method, if otherwise permissible, is to put the land for sale in public auction, that too, with the permission of the Court. Therefore, Writ Petition is dismissed. It is left open to the 4th respondent to initiate proceedings for eviction of the petitioner in accordance with law. There shall be no order as to costs. __________________________ L.NARASIMHA REDDY, J 27th April, 2010. Tsy