IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HONOURABLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.19876 of 2003 Between: M/s HMT Machine Tools Ltd., Balanagar, HMT Town Ship, Hyderabad - 500 054, rep. by its Group General Manager (H), Mr. S. Karunakaran ..... PETITIONER AND 1 The Andhra Pradesh Central Power Distribution Company Ltd., Singareni Bhavan, 3rd Floor, Lakdikapool, Hyderabad rep. by its Chairman & Managing Director 2 The Andhra Pradesh Central Power Distribution Company Ltd., Jeedimetla, Ranga Reddy District, rep. by its Assistant Divisional Engineer (Operations). .....RESPONDENTS 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 direct the respondent or any other person or persons claiming through or under them from interfering with the peaceful possession and enjoyment of the Property conveyed to the petitioner vide Conveyance deed dated 20-1-1972 by the Government of Andhra Pradesh for any reason or reasons or purpose whatsoever by issue of a Writ more particularly one in he nature of Mandamus and thereby restraining the respondents from tress passing into the petitioners' land nor to make an attempt to carry out any construction activity and to grant such other relief or reliefs to which the petitioner is entitled to and to allow the Writ Petition with costs Counsel for the Petitioner : SRI P.NAGESWAR SREE Counsel for the Respondents : SRI O.MANOHAR REDDY(SC FOR APTRANSCO) The Court made the following: ORDER: The petitioner-company has filed this writ petition seeking a direction by way of Mandamus to restrain the respondents from interfering with the peaceful possession and enjoyment of the property conveyed to the petitioner by way of a Conveyance Deed dated 20-01-1972 by the Government of Andhra Pradesh. Totally, an extent of Ac.888.2 guntas of land was acquired and allotted to the petitioner-company for its industrial activity. A portion of the said area respondents have constructed 33/11 KV substation which was completed and inaugurated on 17-01-2004. Alleging that such a construction was illegal and resulted in interference by the respondent with the possession of the petitioners without any authority, this writ petition is filed. Seeking a similar direction to restrain the Revenue Authorities for the entire extent of Ac.888.2 guntas, a writ petition was filed in W.P. No.22199 of 1986. During the pendency of the above said writ petition, there was a settlement between the petitioner company and the Government in the terms referred to in Memo No.56720/Asn.V(1)/2001- 2, dated 08-04-2005. It is submitted that in view of the said settlement, rights were conferred on the petitioner-company only to an extent of Ac.588-36 guntas of land and that the petitioner-company agreed to part with Ac.300 of land. The writ petition No.22199 of 1986 was disposed of in terms of the said compromise. When this matter is taken up for hearing, it is submitted by the learned counsel appearing for the parties that the substation was constructed outside the area of the land in Ac.588-36 guntas allotted to the petitioner. In view of the settlement and as much as the construction was made outside the area of Ac.588-36 guntas allotted to the petitioner, no further opinion need be expressed on merits in this present writ petition. It is open to the respondents to take further steps in accordance with the Memo No. 56720/Asn.V(1)/2001-2, dated 08-04-2005. The writ petition is, accordingly, closed. No order as to costs. ____________________ R. SUBHASH REDDY, J June 24, 2009. KTL/ASP