IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25923 of 2008 Between: 1 Gondu Lakshmi W/o.Nageswara Rao R/o.Plot No.2 Sriramnagar colony, Sy.No.129/P Vadlapudi, Gajwaka,Visakhapatnam 2 Ganji Gowramma W/o.Late Musalayya R/o. Plot No.1, Sriramnagar colony,Sy.No.129/P Vadlapudi Gajwaka, Visakhapatnam ..... PETITIONERS AND 1 The Greater Visakhapatnam Municipal Corporation, rep.by its Commissioner, Visakhapatnam 2 The Town Planning Officer,Gajuwaka Greater Visakha Municipal Corporation, Visakhapatnam 3 The District Collector, Visakhapatnam 4 The Tahasildar, Gajuwaka Mandal, Visakhapatnam .....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 suitable writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in interfering with peaceful possession and enjoyment of the plot No.1 and 2 in S.No.129/P of the Vadlapudi village, Gajuwaka Mandal, Visakhapatnam District to an extent of 60 sq.yards each and constructions therein as illegal, arbitrary, and violative of principles of natural justice and also violative of Article, 300-A of the Constitution of India and direct the respondents not to interfere with our occupation and peaceful possession and enjoyment of the plot Nos.1 and 2 in S.No.129/P of the Vadaplli village, Gajuwaka Mandal, Visakhapatnam District to an extent of 60 sq.yards each and construction therein and pass Counsel for the Petitioner: SMT.S.A.V.RATNAM Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25923 of 2008 ORDER: 1 According to the petitioners they occupied certain extents of land and are living peacefully in those lands by raising thatched huts and on the representations given by them to the 4th respondent- Tahasildar, 4th respondent, after a thorough verification and physical survey of the locality, issued land possession certificate in his proceedings Rc.No.321/2006/SA, dated 05.11.2006 to the petitioners. As the existing thatched huts have become old, the petitioners wanted to raise new huts and in that connection when they were making efforts, the respondents 1, 2 and 4 obstructed the same stating that the petitioners cannot make any further constructions and hence the petitioners approached this Court by way of this Writ Petition questioning the action of the respondents in not permitting them to proceed with the construction of the thatched huts in plot Nos.1 and 2 in S.No.129/P of Vadlapudi Village, Gajuwaka Mandal in Visakhapatnam District. 2 Heard the learned counsel for the petitioners as well as the learned standing counsel appearing on behalf of the 1st respondent – Corporation. 3 The land possession certificate issued by the 4th respondent on 05.11.2006 clearly establishes that the petitioners are in possession and enjoyment of 60 Sq. Yards each with thatched huts existing in S.No.129/P of Vadlapudi village. The said certificate clearly establishes the possession of the petitioners and their peaceful living in the said huts since November 2006. When once the respondent authorities have considered the case of the petitioners and issued possession certificate in their favour, now they cannot turn round and say that the petitioners cannot raise any new constructions. Further even according to the petitioners the said constructions are not pukka buildings but they are only thatched huts. 4 In that view of the matter, this Writ Petition is disposed of at the stage of admission with a direction to the respondents to permit the petitioners to construct new thatched houses in the land in S.No.129/P of Vadlapudi Village, Gajuwaka Mandal in Visakhapatnam District, which was given to them under the proceedings in Rc.No.321/2006/SA, dated 05.11.2006. However, if the authorities require the said land for any public purpose, they may do so after following due process under law. No order as to costs. ---------------------- SRI T.G.K, J. 27.11.2008 Kvsn