HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5899 of 2011 Date: 01.12.2011 Between: Povada Eswara Rao and another. ..... Petitioners AND Special Grade Deputy Collector, Land Acquisition, Steel Plan, Visakhapatnam And five others. .....Respondents Counsel for the Petitioners: Sri K.Sarvabhoma Rao Counsel for Respondent Nos.1 and 2: AGP for Land Acquisition Counsel for respondent Nos.3, 4 and 6: Smt B.Kavitha Yadav The Court made the following: ORDER: This Writ Petition is ﬁled for the following substantial relief: “……….to issue an appropriate writ, order or direction more particularly one in the nature of the Writ of Mandamus declaring the action of the 1st respondent in purportedly allotting the house site Plots Nos. 739, 740, 759 & 760 each consisting an extent of 107 Sq. Yards, R.H. Colony, Vadlapudi, Visakhapatnam in favour of respondents 3 to 5 herein vide Proceedings No. Rc.725/2010/SA/date -12-2010, which were allotted tot heir predecessors in title and allotment certiﬁcates were issued without any sating, any proceedings, without issuing any notice and without passing any orders of cancellation or otherwise as illegal, arbitrary, unjust, mala ﬁde and against the principles of Natural Justice and against the constitutional guarantees and consequently, direct the 1st respondent to withdraw such allotment proceedings in favour of the unoﬃcial respondents herein directing them not to interfere with their possession and enjoyment of the said plots in any manner whatsoever.” The dispute pertains to the genuineness or otherwise of the rehabilitation cards and the purported allotments based on such cards in favour of the petitioners. There is a serious dispute between the petitioners on one side and respondent Nos.3 to 6 on the other relating to the plots which are subject matter of this Writ Petition. Sri K.Sarvabhouma Rao, learned counsel for the petitioners, fairly submitted that after the ﬁling of this Writ Petition, respondent Nos.3, 5 and 6 have ﬁled civil suits bearing O.S.Nos.49, 50 and 51 of 2011 in the Court of the Junior Civil Judge, Gajuwaka, wherein the petitioners are impleaded as defendants. As serious disputed questions are involved, which are already subject matter of the civil suits referred to above, the learned counsel for the petitioners fairly conceded that the petitioners may be given liberty to contest the said civil suits ﬁled by respondent Nos.3, 5 and 6. Accordingly, the Writ Petition is disposed of, without going into the merits of the case, with liberty to the petitioners to contest the said civil suits. As a sequel to disposal of the Writ Petition, the interim order, dated 09.03.2011 passed in W.P.M.P.No.7343 of 2011 is vacated and W.P.M.P.Nos.7343 of 2011 and W.V.M.P.No.3929 of 2011 are disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 01st December 2011 DR