IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18425 of 2005 Between: M/s. Saipriya Constructions Ltd., Flat No. 103, IIIrd Floor, Eswarapaza Main Road, Dwarakanagar, aVisakhapatnam-16, rep. by its Manaing Director N idadavolu Venkateswara Prasad,, S?o. Satyanarayana, 40 Years, R/o. Plot No.97/3, M.V.P. Colony, Visakhapatnam. ..... PETITIONER AND The Chairman, Visakhapatnam Urban Development Authority, Visakhapatnam. .....RESPONDENT 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 or direction, particualrly one in the natureof writ of Mandamus, to declare as illegal, arbitrary and violative of provisions of Art. 14, 21 and 300-A of the Constitution of India, the action of the respondent in seeking to forcibly dispossess the petitioenr fromtheland of an extent of Ac. 5- 00 in Sy.Nos. 108/2 and 108/4, Madhurawada Village, Chinagadhili Mandal, Visakhapatnam District, and issue consequential direction to the respondent herein not to dispossess the petitioner fromthe land of Ac.5-00 in Sy.Nos. 108/2 and 108/4 of Madhurawada Village, Chinagadhili Mandal, Visakhapatnam District and to pass. Counsel for the Petitioner:MR.M.SUBBAIAH SASTRY Counsel for the Respondent No.: MRS.V.PREETI REDDY The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.18425 of 2005 ORDER: No counter is filed. The grievance of the petitioner is that out of Ac.5-00 in Sy.Nos.108/2 and 108/4 situated at Madhurawada Village, Chinagadhili Mandal, Visakhapatnam District, an extent of 6200 sq. yards was already taken away by the respondent for formation of 100 feet wide road without paying any compensation and without acquiring the same under the Land Acquisition Act and that the respondent is forcibly dispossessing the petitioner without following due process of law. This court initially granted status-quo to be maintained. I am not inclined to express any opinion as to the merits of the case and whether the petitioner has got any right, title and possession, but, however, if the petitioner is in possession of any extent of the land in Sy.Nos.108/2 and 108/4 situated at Madhurawada Village, Chinagadhili Mandal, Visakhapatnam, and if the said land is required for public purpose, the petitioner cannot be dispossessed without following due process of law. Accordingly, the writ petition is disposed of directing the respondents not to dispossess the petitioner from the land without following due process of law. There shall be no order as to costs. __________ 14-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK}