THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.25143 of 2001 ORDER : This Writ Petition is filed to declare the action of the respondents in interfering with the possession and enjoyment of the petitioner in respect of land admeasuring an extent of Ac.0.01 cent situated in Sy.No.28/1B of Vadlapudi Rehabilitation Colony, Visakhapatnam as illegal and arbitrary. The petitioner claims that her mother Mahalakshmi was displaced from the land of which she was the owner in the process of acquisition of land in favour of Vizag Steel Plant. In pursuance of the Policy Decision of the State Government, by proceedings dated 04-06-1990 of the second respondent herein and as the mother of the petitioner was unqualified for any employment in the steel plant, rehabilitation card was transferred in the name of the petitioner by which the benefits that would accrue on account of the displacement, would accrue to the petitioner. As the steel plant could not provide regular employment, as a measure of rehabilitation and as an alternative the second respondent granted lease of an extent of Ac.0.01 cent of land in Sy.No.28/1B, 1C (part) of Vadlapudi Village Rehabilitation Colony, Sector-I to enable the petitioner to operate STD booth initially for a period of 3 years. The petitioner claims that she established the said STD booth. The second respondent by his proceedings dated 26-07-1997, allegedly due to a litigation in a suit O.S.No.147 of 1995, directed the petitioner to vacate the place and permitted shifting of the shop to the shopping complex proposed to be constructed in the colony temporarily pending approval of the shopping complex. On a representation made by the petitioner the said orders were modified and in such modification, the petitioner was permitted to shift the STD booth on an extent of Ac.0.01 cent of land in Sy.No.28/1B with the specified boundaries mentioned in the order. Accordingly, the petitioner shifted the STD booth to the said premises and during such time the second respondent issued a notice Rc.No.52/95,B, dated 11-01-2001 proposing to cancel the allotment order and to resume the land on the ground that the petitioner violated the conditions of grant. As per the said notice, the petitioner encroached upon the land more than the extent allotted to her and also running a tiffin centre in addition to telephone booth. The petitioner submitted her explanation to the said notice on 05-02-2001. Apprehending cancellation of the allotment without considering the representation, the petitioner has filed this Writ Petition. Heard Sri G.Jayakumari, learned counsel for the petitioner and Sri B.Narayana Reddy, learned counsel for the respondents. After submitting the explanation, admittedly, the second respondent has not passed any orders. The petitioner asserts that she has not encroached on any land more than the extent allotted to her and she is running a tiffin centre in addition to STD booth only to eke out her livelihood. In the counter, the second respondent denied the allegation that the respondents are interfering with the possession and enjoyment of the land and stated that only explanation of the petitioner was called for as she violated the conditions of the grant. It is not in dispute that the petitioner has been allotted the land an extent of Ac.0.01 cent as a rehabilitation measure due to displacement of her mother in the process of acquisition of land in favour of the Vizag Steel Plant. As the petitioner appears to have encroached on a land more than the extent allotted to her and also running a tiffin centre, the second respondent proposed to take action The petitioner has already submitted explanation to the show cause notice issued by the second respondent. It is therefore enjoined upon the 2nd Respondent to consider the explanation, verify the facts and then only orders, appropriate thereupon, should be passed. Without such exercise, the petitioner’s possession is not liable to be interfered with. However, the petitioner cannot be deprived of the grant merely on the ground that she is running a tiffin centre in addition to running STD booth. The proposal to cancel the grant on this ground even if it is a fact, is wholly irrelevant and arbitrary. De hors this ground, the 2nd respondent is at liberty to verify whether the petitioner has encroached more than Ac.0.01 cent as has been allotted to her within the specified boundaries and take appropriate action. In the circumstances, this Writ Petition is disposed of with a direction to the second respondent to pass appropriate orders on the explanation submitted by the petitioner subject to observations made hereinabove. The petitioner shall not be dispossessed or otherwise be disturbed until appropriate orders are passed by the second respondent. The Writ Petition is accordingly disposed of. There shall be no order as to costs. _________________ NOUSHAD ALI, J. 09th April, 2010. skmr THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.25143 of 2001 Date : 09-04-2010 Between : Smt.Godi Jayakumari .. Petitioner And The District Collector, Visakhapatnam and another .. Respondents