IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 3992 of 2001 Between: Nehru Yuvajana Seva Sangam, ( Regd. NO. 5/81) Rep. by its Secretary R.Narayana Rao, S/o Asi Naidu R/o Visakhapatnam, Durganagar, H.B.Colony Visakhapatnam. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Principal Secretary to Government, Endowments Department Secretariat, Hyderabad. 2 Sri Vaahagiri Lakshmi Narasimha Swamy Devastanam, Rep. by its Executive Officer, Simhachalam Visakhapatnam. 3 The Land Regularisation Committee, Rep. by its Joint Collector, Visakhapatnam. .....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 order direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the action of the respondents in seeking to evacuate the members of the petitioner Society from Sri Varahagiri Colony in Sy.No. 275 in Adavivaram Village of Visakhapatnam District without considering applicability of paragrah 10 (a) of G.O.Ms.No.578 dt: 17-8-00 and fixing the price of the land in which the petitioners have been living from 1979 as Rs. 2000/- per Sq.Yard without regard to amounts alreadhy paid, local conditions and the paying capacity of the members of the petitioner Society and basing on the basic value register of an Urban Commercial area as illegal, arbitrary, unconsitutional and consequently direct the respondents to allot the land at the prices agreedto by Simhachalam Devasthanam Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: MR.M.ADINARAYANA RAJU The Court made the following : THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.3992 OF 2001 ORDER: This writ petition is squarely covered by my order dated 17.09.2008 passed in W.P.No.1960 of 2001. The prayer in the said writ petition is identical to the prayer in the present writ petition, that is, with regard to the consideration of the petitioner Sangam’s case for regularization of occupation under paragraph 10(a) of G.O.Ms.No.578 dated 19.08.2000, to fix the price of the land in which the petitioner Sangam’s members have been living at Rs.2,000/- per square yard and to consequently direct allotment of the land at the price agreed to by the Simhachalam Devasthanam. It is not in dispute that G.O.Ms.No.578 dated 19.08.2008, relied upon by the petitioner Sangam, is no longer in force. It was replaced by G.O.Ms.No.253 dated 08.03.2005 which was also cancelled thereafter. In view of this fact, the regularization of occupation of the Devasthanam’s lands by the members of the petitioner Sangam under the said G.O. does not arise. The writ petition therefore does not survive for consideration as presently there is no policy of regularization of encroachments in respect of the lands belonging to the Simhachalam Devasthanam. The writ petition is therefore dismissed leaving it open to the petitioner Sangam to make an application for regularization in the event of a policy being floated in this regard in future. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 23rd July, 2009. VGSR / PGS