IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 4881 of 2005 Between: C. Lakshmi Devi, W/o. Sri C. Naga Malla Reddy, R/o. Alamkhan Palli, Ravindranagar Post, Kadapa Mandal, & District. ..... PETITIONER AND 1 The District Collector, Kadapa. 2 The Revenue Divisinal Officer, Kadapa. 3 the Mandal Revenue Officer, Kadapa Mandal ( Rural), Kadapa District. 4 The Estate Officer, A.P. Tourism Department, Hyderabad. .....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, order of direction particularly writ of Mandamus directing the respondents 1 to 4 not to shift the construction of PUNNAMI HIGH WAY RESTAURANT" of Tourism Dept from the Govt poramboke land in which foundation stone is laid by the Hon'ble Chief Minister on 28.1.2005, to the private land of petitioner bearing S.Nos. 674/D2-A an extent of 0.31 cents, 674/D2-B an extent of 0.17 1/2 cents, 655/A an extent of 0.06 cents and 0.11 cents and 674/D1 an extent of 0.08 cents situated in Palampalli Polam, Palampalli Panchayat, Kadapa Mandal without resorting to law in a high handed manner and pass such other order or orders. Counsel for the Petitioner:MR.M.N.NARASIMHA REDDY Counsel for the Respondent No.: GP FOR REVENUE WRIT PETITION NO : 4901 of 2005 Between: 1 Syed Karimulla, S/o. Yakub Saheb, R/o. Door No. 12/22 (2), Kancharpet, (Madari Street), Cuddapah Town & District. 2 Gadluri Babaiah, S/o. Late Chinna Babaiah, Alankanpalli Vilage, H/o. Palempalli Village, Cuddapah Mandal, Cuddapah District. ..... PETITIONER(S) AND 1 The District Collector, Cuddapah, Cuddapah District. 2 The Revenue Divisional Officer, Cuddapah, Cuddapah District. 3 The Mandal Revenue Officer, Cuddapah, Cuddapah District. 4 The Estate Officer, A.P. Tourism Department, Hyderabad. .....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 an appropriate Writ, order or direction more particularly one in thenature of Writ of Mandamus declairng the actionof the respondents in trying to dispossess the petitioenr from their patta lands by shifting the proposed construction of "Punnami Highway Restaurant" of A.P. Tourism Department from the Government poramboke land in which already foundation stone is laid by the Hon'ble Chief Minister on 28-01- 2005 to the petitioners patta land as arbitrary, illegal and violative of the fundamental and constitutional rights guaranteed to the petitioners under Articles 14, 19 (1)(g), 21 and 300-A of the Constitution of India and consequently direct ht erespondents not to shift the proposed construction of "Punnami Highway Restaurant" of A.P. Tourism Department from the Government poramboke land to the petitioners patta lands in an extent of Ac. 0.25 cents in Sy.No. 655-A; Ac. 0.15 cents in Sy.No. 674-D1; Ac. 0.33 1/2 cents in Sy.No. 655-A and Ac. 0.32 1/2 cents in Sy.No. 674-D1 of Palempalli Village Fields, Palempalli Village, Cuddapah Mandal, Cuddapah district and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Common order: Sri V.R. Reddy Kovvuri and Sri M.N. Narsimha Reddy, learned counsel for the writ petitioners in both the writ petitions submit that in view of the averments in the counter-affidavit that Punnami Restaurant has been constructed in the very place where the foundation stone was laid earlier and in Government land, no further proceedings in the writ petition are warranted. Recording the said submission, the writ petitions are dismissed. There shall be no order as to costs. ______________________ GODA RAGHURAM, J 15th April, 2008 GRR To 1.2CCs to 2.2CD copies