s IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 21800 of 2008 Between: Ch. Satyanarayana S/o. Late Ch. Appa Rao H.No. HIG-I-80, Sagar Nagar Colony, Visakhapatnam. ..... PETITIONER AND 1 The Visakhapatnam Urban Development Authority, rep. by its Vice Chairman / Secretary, Visakhapatnam. 2 The Mandal Revenue Officer, Visakhapatnam Rural, Visakhapatnam District. .....RESPONDENT(S) 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 to issue a writ of Mandamus or any other appropriate writ, order or direction declaring the notice H.No.HIG-1-80/SN/G.1, dt. 12.09.2008, isssued by the 1st respondent, the Visakhapatnam Urban Development Authority, Visakhapatnam directing the petitioner to remove the Unauthorized construction of compound wall within 15 days of receipt of notice failing which action will be initiated to remove the same as illegal, arbitrary, and contrary to the instructions issued by the Govt. from time to time and set aside the same and further direct the respondents herien to regularize the land which is in posession of the petitionr herein as per the orders issued by the Govt. in G.P.Ms.No.166, Revenue (Assigned POT.I) dt. 16.02.2008, and any other order in this regard, and pass Counsel for the Petitioner:MR.RAMA RAO MAVIDI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 21800 OF 2008 ORDER: 1. This writ petition has been ﬁled by Ch. Satyanarayana with a prayer to declare notice bearing No.HIG-1-80/Sn/G.1, dated 12-9-2008 issued by the Visakhapatnam Urban Development Authority, Visakhapatnam –1st respondent as illegal and arbitrary. 2. The petitioner is allotted house bearing No.80 HIG Category. He paid value of the house. Since he was found to be in occupation of 86.67 square yards, the authorities collected Rs.12,670/- on 20-6-1997. The 1st respondent issued notice to the petitioner stating that he is in possession of 322.42 square yards vacant land and an extent of 177.33 square yards of Government land adjacent to the house bearing No.80 of Sagarnagar Colony, Viakhapatnam and thereby directed him to remove the compound wall unauthorisedly constructed within 15 days. The said notice is under challenged in the writ petition. 3. When the writ petition came up for admission Ms. Preeti Reddy, learned standing counsel of Visakhapatnam Urban Development Authority received notice on behalf of the 1st respondent and learned Government Pleader received notice on behalf of the 2nd respondent. 4. Learned counsel appearing for the petitioner submit that the petitioner made an application for regularization of his possession to an extent over and above allotted to him. The said application is pending consideration. These are all facts which the petitioner has to explain to the authorities who issued notice impugned in the writ petition. 5. In that view of the matter, notice impugned in the writ petition is treated as show cause notice in which case the petitioner has to submit his explanation ventilating all his grievances. 6. Accordingly, this writ petition is disposed of directing the petitioner to submit explanation to the 1st respondent within two weeks from today and thereupon the 1st respondent shall pass appropriate orders within four weeks thereafter. There shall be status quo existing as on this day, with regard to the compound wall raised by the petitioner encircling the alleged extent occupied by him. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 30th September, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 21800 OF 2008 30th September, 2008.