THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17959 of 2009 DATE:27.08.2009 Between: Koyya Appala Kondamma ... Petitioner and The Inspector of Police, Visakhapatnam IV Town Police Station, Visakhapatnam and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17959 of 2009 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of respondents in interfering with the civil matters in respect of her land of an extent of Ac.2.00 in Sy.No.37 of Resapuvanipalem village, Visakhapatnam, as illegal and arbitrary. 2. According to the petitioner, she is the absolute owner and possessor of an extent of land Ac.2.00 in Sy.No.37 of Resapuvanipalem village, Visakhapatnam. In the year 1993 when the Municipal Coporation, Visakhapatnam (for short 'the corporation') inspected her property, she filed O.S.No.166 of 1993 on the file of the Principal District Munsif, Visakhapatnam against the corporation seeking permanent injunction, which was decreed in her favour on 07.01.1997. As against the same, the corporation filed A.S.No.222 of 2000 on the file of the II Additional Senior Civil Judge, Visakhapatnam and the appellate court allowed the same remanding the matter to the trial court for fresh disposal, by judgment dated 14.07.2005. Challenging the said judgment, she filed C.M.A.No.702 of 2005 on the file of this Court and this Court allowed the same by judgment dated 01.12.2005 confirming the judgment and decree passed by the trial court. As against the same, the corporation filed Civil Appeal No.1484 of 2007 before the Supreme Court and the same was allowed setting aside the judgment of this Court with a direction to the first appellate court to consider the matter afresh. The Supreme Court also directed her and the corporation to maintain statusquo with regard to the nature of the land in dispute, till any order is passed by the first appellate court. Thereafter, A.S.No.222 of 2000 was taken up by the first appellate court and the same was allowed on 04.07.2009. Challenging the same, she filed Second Appeal No.661 of 2009 along with S.A.M.P.No.1471 of 2009 before this Court and this Court in S.A.M.P.No.1471 of 2009 passed an order on 17.07.2009 directing her and the corporation to maintain statusquo. As the Apex Court as well as this Court ordered both herself and the corporation to maintain statusquo, the respondents have no role to play in respect of the land in dispute. However, at the instigation of the corporation they are interfering with her peaceful possession of the land in dispute stating that she has no right to continue in the said land. Hence, she filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Home. 4. Having considered the submissions made by both the learned counsel, it is seen that there is a prolonged litigation between the petitioner and the corporation and this Court in S.A.M.P.No.1471 of 2009 in S.A.No.661 of 2009 directed the petitioner and the corporation to maintain statusquo. In the light of the same, the respondents straight away cannot come forward and say that the petitioner has no right to continue to be in possession of the land. If they want to interfere with the petitioner's peaceful possession of the land, they have to act only in accordance with law. 5. Accordingly, this writ petition is disposed of with a direction to the respondents not to interfere with the petitioner's peaceful possession of the land in dispute, without following due process under law. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 27th August, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.17959 of 2009 (Disposed of) 27th August, 2009 CBS