IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 13307 of 1998 Between: 1 Vempati Venkata Ratnam S/o. Sastrulu R/o Ongole, Prakasam District. 2 Smt. B. Sujatha W/o. B. Gopalakrishna R/o Ongole, Prakasam District. ..... PETITIONER(S) AND 1 District Collector, Krishna at Machilipatnam. 2 Mandal Revenue Officer, Vijayawada. 3 The Government of Andhra Pradesh, Rep. by its Secretary (Revenue) Department, Secretariat, Hyderabad. 4 The President, Vijayawada Urban Police Welfare Association, Vijayawada. .....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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring that the respondents are not entitled to interfere with the petitioners peaceful possession and enjoyment of the property bearing Plot NO.34, in D.No.54 of Vijayawada (v) Rural, declaring that the action of the respondents are illegal and ultravires to the provisions of Art.14, 21 and 300-A of the Constitution of India and pass Counsel for the Petitioner:MR.V.S.R.ANJANEYALU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.13307 of 1998 O R D E R: This writ petition is filed seeking to issue a Writ of Mandamus to declare that the respondents are not entitled to interfere with the petitioners peaceful possession and enjoyment of the property bearing plot No.34, in D.No.54 of Vijayawada village Rural. In the affidavit filed in support of the writ petition, it is stated that that the 1st petitioner has purchased an extent of 435 Sq.yards of vacant site in D.No.54, plot No.34 of Vijayawada Rural (Village) through a registered sale deed dated 8.1.1957 from the original owner Smt.Dhulipala Swarajyalakshmi, W/o Seetharamanjaneyulu, who purchased the same through a registered sale deed 19.8.1956 from one Sri Vanapala Venkatarama Raju and others, and is in peaceful possession and enjoyment of the property without any interference from any corner. It is further stated that as the first petitioner was residing at Chilakaluripet, Guntur District, and the property is situated at Vijayawada, and since it was not fetching any income, for the benefit of his family, he offered to sell the same and the second petitioner quoted a highest price to purchase the same. Consequently, they entered into an agreement dated 11.3.1992 for a sum of Rs.25,000/- and the second petitioner also paid the entire sale consideration on the date of agreement of sale and an endorsement was also made to that effect in the said agreement. However, as the encumbrance certificate and Urban Land Ceiling Clearance Certificate from the concerned authorities have to be obtained, the property could not be conveyed through a registered sale deed in favour of the second petitioner as on that date. Subsequently, the Special Officer and the competent authority, Urban Land Ceiling, Vijayawada, has issued ‘No Objection Certificate’, dated 8.5.1992, endorsing his no objection for alienating the property in favour of the second petitioner. While so, the adjacent lands of the subject land was acquired under an Award No.4/74 for public purpose i.e. for construction of a bund, and some area was left over in the acquired land and the same was kept vacant for decades together and thereafter the same was allotted to the 4th respondent Association. It is the grievance of the petitioners that the members of the 4th respondent Association, under wrong impression that the petitioners’ land was part and parcel of the land allotted them, have sought to interfere with the lands of the petitioners, and though the same was brought to the notice of respondents 1 to 3, no action has been taken. Hence, this writ petition. A detailed counter-affidavit has been filed by the 2nd respondent, wherein it is stated that the land admeasuring 435 Sq.yards was not acquired under Award No.4/74 dated 1.8.1974 and was not alienated to any society, and moreover the Special Officer and Competent Authority, Urban Land Ceiling, Vijayawada, issued endorsement dated 5.5.1992 stating that there is no objection for alienating the subject land to the second petitioner. The members of the society have occupied the land which was handed over by this Department, and the site said to have been encroached, which belong to the petitioners, might be situated outside the land acquired. It is the lookout of the petitioners to protect the site belonging to them and the department has nothing to do in this regard. Admittedly, the site of the petitioners is not part and parcel of the land acquired by the official respondents under Award No.4 of 1974 dated 1.8.1974. The Special Officer and Competent Authority, Urban Land Ceiling, has also issued ‘No Objection Certificate’ dated 8.5.1992 in favour of the second respondent. Therefore, the official respondents have submitted that they have nothing to do with the land of the petitioner. It is also averred in the counter-affidavit that if the members of the 4th respondent society would interfere with the possession and enjoyment, it is for the petitioners to take appropriate steps to protect their property. In view of the above counter averments and in the facts and circumstances of the case, I am of the opinion that the petitioners have not made out a case to pass any orders in their favour. However, since the case of the petitioners is that under the guise of the alleged allotment order, the members of the 4th respondent-Association have sought to interfere with the land of the petitioners, it is for the petitioners to take appropriate steps to protect their property. With the above observation, the writ petition is closed. No costs. ________________ G.CHANDRAIAH,J Note: Issue copy in ten days 18th November, 2008. PNV THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.No.13307 of 1998 18th November, 2008