IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 4444 of 2009 Between: Manchala Bala Mariyamma W/o.Potha Raju R/o.Old Raja Rajeswaripet, Vijayawada. ..... PETITIONER AND 1 The Special Officer & Competent Authority, Urban Land Ceiling Officer, A M C Complex, Governorpet, Vijayawada. 2 The District Collector, Krishna District, Machilipatnam. .....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 an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of respondents in regularizing the possession in land RS No.89/2, Raja Rajeswaripet, Vijayawada of an extent of Ac.5.19 cents bounded by East Railway Track, North S Visveswara Rao site, West Municipal Road and South Municipal Road ignoring right of the Petitioner as arbitrary, illegal capracious and violative of all cannons of law and Justice and consequently direct the respondents to consider the case of the Petitioner and pass. Counsel for the Petitioner:MR.SAI GANGADHAR CHAMARTY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following: THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 4444 of 2009 01-05-2009 Oral Order: The writ petition is misconceived. It is filed seeking a declaration that the action of the respondents in regularizing possession in land RS.No. 89/2, Raja Rajeswaripet, Vijayawada of an extent of Ac.05-19 cents bounded by East: Railway Track; North: S. Visveswara Rao site; West: Municipal Road and South: Municipal Road, ignoring right of the petitioner as arbitrary, illegal, capricious and violative of all cannons of law and justice and consequently direct the respondents to consider the case of the petitioner and pass such other orders as may be deemed fit and proper in the circumstances of the case. The writ petitioner while claiming ownership and possession in pleadings, orally states that she is an encroacher, but in possession of an extent of Ac.05-19 cents i n RS.No. 89/2, Raja Rajeswaripet, Vijayawada. The petitioner claims to have inherited the property from the original encroacher – her grandfather Durgaiah who occupied it in 1915. There were some civil disputes between the petitioner and others similarly inclined to encroach Government property, in O.S.No. 1463 of 1987 on the file of the District Munsif, Vijayawada, wherein a permanent injunction is asserted to have been issued in favour of the petitioner. According to the petitioner, “some” individuals with a view to defeat the petitioner’s possession and eventually to obtain ownership of the property, are approaching the respondents seeking regularization of this Government property in their name. Hence this writ petition is filed as a part speculative and part preemptive action against such potential claims of unknown persons. The averments in the affidavit filed in support of the writ petition are misconceived and the relief misdirected. The writ petition beseeches rejection at the stage of admission. It is accordingly dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 01-05-2009 Pvks