IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 28078 of 2005 Between: 1 K.K.Satyanarayana, s/o Ramaswamy, r/o 45-34-91, Akkayyapalem, Visakhapatnam, Visakhapatnam District. 2 A.Rajyalakshmi, w/o late Subrahmanyam, r/o Plot No.53, Sector-2, M.V.P.Colony, Visakhapatnam. 3 D.K.A.Satyanarayana, s/o Appalanaidu, r/o Srinivasanagar, Visakhapatnam, Visakhapatnam District. 4 M.Trinadha Rao, s/o Chidambaram, 49-39-16, Akkayyapalem, N.G.O.'s Colony, Visakhapatnam. 5 T.Babu Rao, s/o Venkatasubbayya, r/o Kasibugga, Srikakulam District. 6 P.Gurraju, s/o Atchutaramaraju, r/o Ramaraju Enclave, Near Midhilapuri Colony, Madhuravada, Visakhapatnam. 7 D.Padma, d/o D.Seetharamaraju, r/o Marripalem, Visakhapatnam, Visakhapatnam District. ..... PETITIONER(S) AND 1 The Commissioner of Police, Visakhapatnam, Visakhapatnam District. 2 The Deputy Commissioner of Police, Visakhapatnam, Visakhapatnam District. 3 The Station House Officer, 4th Town Police Station (Law and Order), Visakhapatnam, Visakhapatnam District. 4 The Sub-Inspector of police, Task Force Department, Office of Commissioner of Police, Visakhapatnam, Visakhapatnam District. .....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 a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondents in interfering with the construction activities being carried on by the petitioners herein in plot No.9 in Survey No.43, Muslim Tatichetlapalem, Akkayyapalem Area, Dondaparthi Village, Visakhapatnam pursuant to the building permission granted by the Municipal Corporation of Visakhapatnam as arbitrary, illegal, without jurisdiction and violative of Article 14, 21 and 300-A of the Constitution of India and to pass such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.A.V.SESHA SAI Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: The petitioners seeks to issue a writ of mandamus declaring the action of the respondents in interfering with the construction activities being carried on by the them in plot No.9 in Sy.No.43, Muslim Tatichetlapalem, Akkayyapalem area, Dondaparthi village, Visakhapatnam pursuant to the building permission granted by the Municipal Corporation of Visakhapatnam, as illegal and arbitrary. It is the case of the petitioners that the petitioners 1 to 6 have obtained permission for construction of residential house in Ward No.33, T.S.No.43 vide Proceedings dated 11.08.2005 issued by the Municipal Corporation of Visakhapatnam in B.A.No.2005-BA-11385/ACP-III/G1 and the 7th petitioner obtained building permission for construction of the residential house at Plot No.45-1-16/2 of Dondaparthy, Ward No.32, T.S.No.43/3B2 vide Proceedings dated 03.05.2007 issued by the Greater Visakhapatnam Municipal Corporation. It is stated that as long as the petitioners have not deviated the sanctioned plan, neither the municipal authorities nor the police authorities can interfere with the construction activities being carried on by them. It is stated that the municipal authorities are not interfering with their construction activities, but the police authorities without any justification whatsoever are interfering with the construction activities and preventing them without there being any complaint. Having regard to the facts of the case, the writ petition is disposed of directing the respondent-police authorities not to interfere with the peaceful possession and enjoyment of the property of the petitioners and their construction activities. However, if there is any complaint with regard to commission of any cognizable offence, it is always open to the police authorities to register a crime and investigate the same in accordance with law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:01.05.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}