Surisetti Sannibabu v. Government Of Andhra Pradesh, Represented By The

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO:3946 OF 2009 ORDER:

1. This writ petition is filed seeking to declare the action o respondent-authorities in interfering with the petitioner's pea possession and enjoyment of the land admeasuring 988.88 sq. yar equivalent to 826.806 sq. meters situated in Sy.No.275 of Chinna village, Adavivaram Mandal, Visakhapatnam Distric,t without issuing notice, as arbitrary and illegal.

2. It is the apprehension of the petitioner that the respondent dispossess him from the subject land, without issuing any notice.

3. While admitting this writ petition on 26.2.2009, this Court pa interim order directing the respondents not to interfere with the pea possession and enjoyment of the petitioner over the subject land, w following due process of law, and also directing the petitioner not to any further constructions, not to alter the nature of the subject land and create any third party interest over the subject land.

4. The learned Counsel for the petitioner submitted that in view o cyclone, the entire structures in the land of the petitioner were damaged he intended to effect repairs. But the respondent-authorities are obstru the same in view of the interim orders of this Court.

5. The petitioner claims that he had given a representation to th respondent to consider his case as per G.O.Ms.No.578, dated 19.8.200 no orders have been passed by the 2nd respondent so far. But the ma on record does not show any such representation claimed to have made by the petitioner herein.

6. Taking into consideration the facts and circumstances of the cas the apprehension of the petitioner as well as the necessity of order passed in respect of the subject land at an early date, the petitioner her directed to prefer an application before the 2nd respondent on the ba G.O.Ms.No.578, dated 19.8.2000, within a period of ten days from the d

receipt of a copy of this order. On such representation being made, th respondent is directed to decide the issue in accordance with law, wit period of two months thereafter, failing which, the petitioner is at libe seek appropriate remedy in the appropriate forum.

7. Subject to the above observation, the writ petition is disposed of order as to costs. Consequently, the interim order passed by this Cou 26.2.2009 shall stand vacated. Miscellaneous petitions pending, if shall stand closed.

________________ Justice Raja Ela Date:30.1.2015 NN HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION NO:3946 OF 2009

DATE:30.1.2015.

NN