IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9356 of 2009 Between: Dharavat Ramulu S/o. Late Dhanya R/o. H.No. H-21, A Colony, KTPS Palvoncha Khammam District. ..... PETITIONER AND 1 The A.P. Power General Corporation Ltd Rep. by its Chief Engineer (O & M) I Stage KTPS Palvoncha, Khammam District. 2 The Executive Engineer (Civil O & M) V. Stagge, KTPS Palvoncha, Khammam District. .....RESPONDENTS 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 an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in making construction of pucca building in the land in S.No. 737 admeasuring A 1.01 gts of Palwancha Village & mandal, Khammam District without acquiring the same from me by following the due procedure under law, as illegal, arbitrary unconstitutional being violative of Art. 300-A of Constitution of India and against the Principles of natural justice and consequently direct the respondents not to make any construction in the said land without acquiring the same by due process of law. Counsel for the Petitioner: MR.R.N.HEMENDRANATH REDDY Counsel for the Respondents: MR.K.CHIDAMBARAM(SC FOR AP GENCO) The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.9356 of 2009 Order: The petitioner claims to be the absolute owner and possessor of land to an extent of Acs.1.01 guntas situated in Survey No.737 of Palwancha Village, Khammam District, having succeeded to the same. While so, it is the case of the petitioner that the respondents without acquiring the land and without following due process of law are trying to construct a pucca building in the said land. Hence, the present writ petition. The petitioner states that land in question is subject matter of dispute in A.S. No.86 of 2008 pending on the file of the Principal District Judge, Khammam, and that the Presiding Officer is on leave and the Court is not functioning as no Presiding Officer is posted in his place. Hence, he seeks indulgence of this Court in the matter. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents. Normally, this Court does not entertain this type of writ petitions when the matter is seized of by the competent civil Court. But, in the peculiar fact situation, this Court directed the learned counsel appearing for the respondents to get instructions in the matter. Today, when the matter is taken up for consideration, it is submitted by the learned counsel for the respondents that respondents have demolished only old buildings and that they are not going to take up any construction work. The submission of the learned counsel appearing for the respondents is placed on record, and it is directed that the respondents shall not make any permanent constructions in the subject land for a period of six weeks to enable the petitioner to approach the civil Court. If any application is filed by the petitioner before the civil Court, in view of the peculiar circumstances of the case, it may be considered and disposed of in accordance with law on its own merits uninfluenced by any of the observations made by this Court in this order. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 01.05.2009 VGB