IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.7568 of 2007 Between: 1 Smt. Chinka Padmaja, W/o. Venkata Veera Swamy. R/o.Door No.4-352/3, Maruthi Nagar, Navaluru Village, Mangalagiri Mandal, Guntur Dist. 2 Smt.Lakshmi Sujatha, W/o.B.V.Sri Rama Murthy, R/o.Door No.10-19-30, Brahmin Street,Vijayawada Town-1, Vijayawada Municipal Corporation, Vijayawada Municipal Corporation, Vijayawada. 3 P.Venkataeswara Rao, S/o.Late Kotaiah, R/o.Door No.4-263/1, Maruthi Nagar, Navaluru Village, Mangalagiri Mandal, Guntur Dist. 4 Smt. P.Nagendram, W/o.Venkateswara rao,R/o.Door No.4-263/1, Maruthi Nagar, Navaluru Village, Mangalagiri Mandal, Guntur Dist. 5 Bangaru Vidya Sagar, S/o. Venkateswarlu, R/o.Door No.29-23-19/A, Tadepalli Street, Suryaraopet, Vijayawada. ..... PETITIONERS AND 1 The Vice-Chairman & Managing Director, Vijayawada, Guntur & Tenali Urban Development Authority, Vijayawadam Vijayawada Municipal Corporation, Vijayawada, Krishna Dist. 2 The District Collector, Guntur District, Guntur. .....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 issue a writ or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents in highhandedly taking possession of the petitioner's plots bearing No.2,10,21,22,194 & 598 in the lay out in Sy.No.64/2 and 65/2 A&B of Navaluru Village,Mangalagiri Mandal, Guntur Dist, without following the due process of law and even without following the directions of this Hon'ble Court, in similar circumstances in batch of W.P s as illegal, arbitrary, unconstitutional and against to the principles of natural justice and pass such other and further orders. Counsel for the Petitioners: MR.B.CHINNAPA REDDY Counsel for Respondent No.1: Smt. K. Aruna Counsel for Respondent No.2: GP for Revenue The Court made the following Order: THE HON’BLE MS. JUSTICE G. ROHINI WRIT PETITION No.7568 of 2007 ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondents in attempting to dispossess the petitioners from the houses constructed in plots bearing Nos.2, 10, 21, 22, 194 and 598 in the lay out in survey Nos.64/2 and 65/A & B of Navaluru Village, Mangalagiri Mandal, Guntur District, without following due process of law, is arbitrary and illegal. Heard the learned counsel for the petitioners as well as Smt. K.Aurna, appearing for the first respondent. It is represented by the learned counsel for both parties that in identical circumstances, this Court disposed of W.P.No.5696 of 1991 on 30.10.2002 permitting the petitioners therein to make a representation to the first respondent for allotment of the plots on which they constructed their houses. The operative portion of the said order may be extracted hereunder: “Under the above circumstances, the writ petition is disposed of directing the petitioners to make a representation to the 1st respondent, within three weeks from today, for allotting the plots where the petitioners have already constructed their buildings, if necessary on payment of any amount payable by the petitioners in respects of the plots, already in their occupation. On such representation, the respondents are directed to consider the same and pass appropriate orders. Till such disposal of the representation, the possession of the petitioners may not be disturbed. No costs.” Since the petitioners herein are also similarly situated, following the above order, the writ petition is disposed of with liberty to the petitioners herein to make a representation before the first respondent for allotment of the plots on which they have constructed houses. If any such representation is made within a period of four weeks from today, the respondents shall consider the same and pass appropriate orders in accordance with law. Till such time, status quo as on today as to the nature and possession of the property in question shall be maintained. No costs. _____________ (G. ROHINI, J) 11th June, 2009 Note: Issue CC in two days. (B/o) GHN To 1 The Vice-Chairman & Managing Director, Vijayawada, Guntur & Tenali Urban Development Authority, Vijayawadam Vijayawada Municipal Corporation, Vijayawada, Krishna Dist. 2 The District Collector, Guntur District, Guntur. 3 One CC to GP for Revenue. 4 CD copies Form-NIC-OGS/WP{CTMP}