IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 3176 of 2008 Between: 1 Kotla Venkata Maheshwara Rao, S/o. Late Appa Rao R/o. Jaya Krishna Aluminium Ltd, Narasapur, Medak District 2 Kotla Rama Rao, S/o. Late Yellayya@Tata R/o. 18-83-3 Kotha Salipeta, Maharanipeta Ward, Visakhapatnam. 3 K.V.V.S.N.Murthy, S/o. Late Kotla Narasing Rao R/o. 18-83-3 Kotha Salipeta, Maharanipeta Ward, Visakhapatnam. 4 Kotla Nooka Raju, S/o.Late Papayya R/o. 18-83-3 Kotha Salipeta, Maharanipeta Ward, Visakhapatnam. 5 Kotla Pydi Raju S/o. Late Papayya R/o. 6-17-105 C/o Jagarapu Appa Rao, Rajaka Street, Chinna Waltair, Visakhapatnam. 6 Kotla Venkateswarulu, S/o. Late Veeranna R/o. 18-83-3 Kotha Salipeta, Maharanipeta Ward, Visakhapatnam. 7 Kotla Simhachalam, S/o. Late Byragi R/o. 18-83-3 Kotha Salipeta, Maharanipeta Ward, Visakhapatnam. 8 Kotla Yellaji Rao S/o. Late Papayya R/o. 33-22-3,1st Floor Allipuram, Visakhapatnam-4 Visakhapatnam. ..... PETITIONER(S) AND 1 Govt., of A.P., rep.by its Principal Secretary, Municipal Admn., Dept., Secretariat Buildings, Hyderabad. 2 The Greater Visakhapatnam Municipal Corporation Rep.by its Commissioner, Visakhapatnam 3 The District Collector Visakhpatnam District, Visakhapatnam .....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 issue a "Writ of Mandamus" or nay other appropriate writ order or direction declaring the action of the respondents and their men in interfering with lthe petitioners peaceful possession of the property situated at Kotha Salipeta, Maharanipeta Ward and covered with the boundaries Ease: Pindala Bungalow, South: 20 feet wide Municipal Road, West: Property of Badam Chinna Guruvulu and North: Property of Mallayya as being illegal, arbitrary, unconstitutional and contrary to the provisions of A.P.Municipal Corporation Act, 1994 and the rules made there under and consequently direct the respondents an their men not to interfere with petitioners peaceful possession of the property situated at Kotha Salipeta, Maharanipeta Ward, within the limits of Greater Visakhapatnam Municipal Corporation and covered with the boundaries East: Pindala Bungalow, South:20 feet Wide Municipal Road, West: Property of Badam Chinna Guruvulu and North: Property of Mallayya and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the petitioners : None The Court made the following: THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.3176 of 2008 ORDER: This writ petition is filed for the following substantive relief: “… Hon’ble Court may be pleased to issue a "Writ of Mandamus" or any other appropriate writ, order or direction declaring the action of the respondents and their men in interfering with the petitioners’ peaceful possession of the property situated at Kotha Salipeta, Maharanipeta Ward and covered with the boundaries East: Pindala Bungalow, South: 20 feet wide Municipal Road, West: Property of Badam Chinna Guruvulu and North: Property of Mallayya, as being illegal, arbitrary, unconstitutional and contrary to the provisions of A.P. Municipal Corporation Act, 1994 and the rules made there under and consequently direct the respondents and their men not to interfere with petitioners peaceful possession of the property situated at Kotha Salipeta, Maharanipeta Ward, within the limits of Greater Visakhapatnam Municipal Corporation and covered with the boundaries East: Pindala Bungalow, South:20 feet Wide Municipal Road, West: Property of Badam Chinna Guruvulu and North: Property of Mallayya and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case.” After arguing the case for sometime, Sri P. Panduranga Reddy, learned counsel for the petitioners seeks permission of the Court to withdraw the writ petition with liberty to the petitioners to approach the civil Court of competent jurisdiction by way of a civil suit seeking appropriate orders therein. The request of the learned counsel for the petitioners is accepted and the writ petition is dismissed as withdrawn with liberty in terms of the prayer made. As a sequel to dismissal of the writ petition as withdrawn, WPMP.No.4146 of 2008 filed by the petitioners for interim relief is also dismissed. C.V. NAGARJUNA REDDY, J Date: 18.02.2008 ES To 1. 2 CCs 2. 2 CD copies