B.Surya Narayana, v. The State Of Andhra Pradesh, Revenue (Endowments)

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.4655 OF 2015 O R D E R :

This petition is filed seeking a writ of Mandamus declaring the action of the 3rd respondent in constructing wall in the land of the petitioners situated at panchayat approved lay out P.R.No.115 dated 30.03.1971, at Adivivaram Village in Pedagadili Mandal in Visakhapatnam District, as illegal and arbitrary and consequently sought for a direction to the respondents not to proceed with the construction of the wall in the petitioners' land. The case of the petitioners is that they are the absolute owners and possessors of the land situated at Adavivaram Village, Visakhapatnam Mandal and District having purchased the same through registered sale deed bearing document Nos.1636 of 1997 and 1637 of 1997. While so, the 3rd respondent is constructing a compound wall intruding the petitioners' land.

It is also stated that as the petitioners and their predecessors-in-title were in continuous possession and enjoyment of the property, the question of claiming the right over the said property by the 3rd respondent does not arise. The petitioners further stated that though they have made a representation dated 24.02.2015 to the 3rd respondent raising their objections for construction of the wall, the 3rd respondent having received the same, is proceeding with the construction of wall without responding to the objections raised by the petitioners. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioners and Sri V.Venugopal Rao, learned Standing Counsel for the 3rd

respondent.

Since the objections raised by the petitioners claiming the property in question have not been considered by the 3rd respondent, I deem it appropriate to direct the 3rd respondent to consider the objections raised by the petitioners and take a decision thereon as expeditiously as possible in accordance with law. Till such time, status-quo obtaining as on today shall be maintained.

With the above direction, the writ petition is disposed of. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 26.02.2015 dv HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

WRIT PETITION No.3747 OF 2015 Date: 23.02.2015 tk