IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6124 of 2008 Between: Gosetti Rajulu, S/o. Late Muthyalu, R/o. D.No. 28-1-29/8, Suryabagh, Visakhapatnam. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Secretary, Secretariat,Hyderabad. 2 The District Collector, Visakhapatnam District, Visakhapatnam. 3 The Revenue Divisional Officer, Visakhapatnam District. 4 The Tahsildar, Bheemunipatnam. 5 Visakhpatnam Urban Development Authority, Rep. by its Vice Chairman, Siripuram Junciton, 6 M/s. Aditya Housing and Infrastrual Development Corporation (P) Limited, Rep. by its Managing Director, Jubilee Hills, Hyderabad. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue Writ or direction more particularly one in the nature of Writ of Mandamus declare the auction held by the 5th respondent in favour of the 6th respondent in respect of land in Sy.No. 357/2 in an extent of Ac. 4.00 cents and S.No. 375/2 in an extent of Ac. 0.88 cents situated in Kapuluppada Village as arbitrary, illegal and that too during the pendency of the appeal before the 3rd respondent and consequently direct the respondents not to either dispossess the petitioner to maintain status quo in respect of the said land in all respects pending disposal of the appeal before the 3rd respondent. Counsel for the Petitioner: DR.P.B.VIJAY KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: MS. S.V.PREETI REDDY, STANDING COUNSEL. Counsel for the Respondent No.6: MR. J.LOKESH REDDY The Court made the following : ORDER: This Writ Petition has been ﬁled by Gosetti Rajulu with a prayer to issue a writ or direction, more particularly, one in the nature of writ of Mandamus declaring the auction held by the Visakhapatnam Urban Development Authority represented by its Vice-Chairman, Visakhapatnam-5th respondent, wherein M/s.Aditya Housing and Infrastructural Development Corporation (P) Ltd. rep. by its Managing Director-6th respondent became the highest bidder in respect of the land admeasuring Ac.4.00 cents comprising Survey No.357/2 and an extent of Ac.0.88 cents comprising Survey No.375/2, situated in Kapuluppadu village, as arbitrary and illegal. 2. The petitioner claims that he is an Ex-serviceman and that Ac.4.00 cents in Survey No.357/2 and Ac.0.88 cents in Survey No.375/2, situated in Kapuluppadu village are assigned to him by the Government. His further plea is that he has been in peaceful possession and enjoyment of the land assigned to him and he raised cashew plantation therein. Proceedings have been initiated for cancellation of the assignment. The Tahsildar, Bheemunipatnam-4 th respondent conducted enquiry and proceeded to cancel the assignment made in favour of the petitioner. Thereupon, the petitioner ﬁled an appeal before the Revenue Divisional Oﬃcer, Visakhapatnam-3 rd respondent. His appeal is stated to be pending. The grievance of the petitioner is that pending the appeal, the 5th respondent put the land in auction, wherein the 6th respondent purchased the same. 3. Notice before admission came to be ordered on 30.04.2008. An order of status quo has also been granted on the even date. 4. When the Writ Petition came up for admission hearing, with the consent of the learned counsel appearing for the parties, it is taken up for final disposal. 5. Heard learned counsel appearing for the petitioner; learned Government Pleader for Revenue appearing for the respondents 1 to 4; learned Standing Counsel appearing for the 5th respondent and learned counsel appearing for the 6th respondent. 6. The fact that the petitioner ﬁled an appeal under Sec.4-A (1) of the Andhra Pradesh Assigned Lands (POT) Act, 1977 is not in controversy. Any ﬁndings recorded in this Writ Petition on merits may have an impact on the appeal to be adjudicated by the statutory authority under the provisions of the A.P. Assigned Lands (POT) Act, 1977. 7. In that view of the matter, the Writ Petition is disposed of at the admission stage directing the Revenue Divisional Oﬃcer, Visakhapatnam-3rd respondent to dispose of the appeal ﬁled by the petitioner and pass appropriate orders. The Status quo order passed by this Court on 30.04.2008 shall continue in operation till the disposal of the appeal or the stay application, whichever is earlier. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:14th November, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}