IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 440 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 25/03/2009 in WP NO : 23416 OF 2008 on the file of the High Court.) Between: 1 Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Rep by its Executive Officer, Simhachalam Visakhapatnam District. ..... APPELLANT AND 1 Satya Mahalakshmi Gas Agency, Rep by its Propritrix, Smt. K.Mahalakshmi, W/o. S.V.Praveen, Hindu, aged about 48 years, Occ: Busienss, R/o. 50-24-12, T.P.T.Colony, Seethammadara, Visakhapatnam. 2 The District Collector, Visakhapatnam District, at Visakhapatnam. 3 The Tahsildar, Pendurthi Mandal, Visakhapatnam District. .....RESPONDENTS Counsel for the Appellant: SRI V.VENUGOPALA RAO Counsel for the RespondentS.: SRI M.DHANANJAY REDDY(SC FOR HUDA) The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 440 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T.Meena Kumari) This writ petition is filed challenging the order, dated 25.3.2009 in WPMP No.5116 of 2009 in W.P.No.23416 of 2008 by the learned single Judge. The 1st respondent herein is the writ petitioner. It has filed the above writ petition seeking to declare the action of the appellant-Devasthanam and official respondents 2 and 3 herein from interfering with its peaceful possession and enjoyment of the land measuring Ac.0.50 cents in Sy.No.75/P situated at Vepagunta Village, Pendurthi Mandal, Visakhapatnam District and also interfering with the construction of a godown by the writ petitioner, as illegal and arbitrary. Along with the writ petition, the writ petitioner also filed WPMP No.30505 of 2008 seeking a direction to the appellant-Devasthanam and respondents 2 and 3 not to interfere with its peaceful possession and enjoyment of the land in question and also from proceeding with construction of the godown therein. While admitting the above writ petition, the learned Single Judge granted statusquo, on 24.10.2008. While so, the 1st respondent-writ petitioner filed the above WPMP seeking to hear the main writ petition or modify the interim orders in the writ petition enabling it to construct the godown in the land measuring Ac.0.50 cents in Sy.No.75/P situated at Vepagunta Village, Pendurthi Mandal, Visakhapatnam. The learned Single Judge passed the following order: “The survey conducted reveals that Ac.0.50 cents subject land is the Government Land. However, petitioner has paid the entire amount and it has been allotted to him by the District Collector, as per law after receiving full consideration. In the facts and circumstances of the case, the interim order granted on 24.10.2008 is modified and the petitioner can go ahead with the construction of Godown in an extent of Ac.0.50 cents of land in Sy.No.75/P, situated at Vepagunta village, Pendurthi Mandal, Visakhapatnam District, if the same is permitted by the authorities concerned, as per law. WPMP is accordingly disposed of.” Having aggrieved by the same, the present writ appeal has been preferred by the Devasthanam. Heard the learned Counsel and perused the material available on record. It is the main contention of the appellant-Devasthanam that the land in question belongs to the appellant-Devasthanam by virtue of Ryotwari patta granted in AIA No.52/77 HA dated 29.5.1996 under the provisions of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956, whereunder Devasthanam was allotted an extent of Ac.5.15 cents, which include the present disputed extent of Ac.0.50 cents and therefore, the allotment in favour of the writ petitioner is irregular. The present appeal has been filed challenging the interlocutory orders. The main writ petition is pending adjudication. At this stage, the adjudication of the issues involved in this appeal would touch the very merits of the writ petition. In this view of the matter, We are not inclined to interfere with the orders of the learned single Judge. However, in the peculiar facts and circumstances of the case and on hearing both the Counsel, we feel it a fit case wherein it is desirable to order for resurvey so as to decide the issue once for all in respect of the land of Ac.5.15 cents in Sy.No.75 of Vepagunta Village, at the cost of the appellant-Devasthanam. Accordingly, resurvey is ordered and the report of such survey shall be filed before the learned Single Judge. Subject to the above direction, the writ appeal is disposed of. However, in view of the urgency in the matter, Registry is directed to post the writ petition for final hearing on 16th June, 2009. _______________________ Justice T.Meena Kumari ___________________________ Justice Vilas V. Afzulpurkar Dated: 7th April, 2009 Gurc/nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :440 of 2009 (Order of the Division Bench delivered by the Hon’ble Smt. Justice T.Meena Kumari) 7th April, 2009