M/S. Devi Sai Constructions And Developers, v. State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.20118 OF 2017 ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue a writ or order or direction, more preferably in the nature of Writ of Mandamus, declaring the action on the part of the respondents herein in trying to interfere with the peaceful physical possession and enjoyment of the petitioner in respect of the constructions made by the petitioner in Soubhagya Residency in Sy.No.54, Station Road, Yalamanchili Town & Municipality, Visakhapatnam District and the inaction on the part of respondent No.2 in not considering the representation of the petitioner dated 22.02.

2017 as illegal, arbitrary and unconstitutional, being violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice, principles of promissory estoppel and doctrine of legitimate expectation and consequently direct the respondents herein not to interfere with the peaceful physical possession and enjoyment of the petitioner in respect of the constructions made by the petitioner in Soubhagya Residency in Sy.No.54, Station Road, Yalamanchili Town & Municipality, Visakhapatnam District."

2.

After arguing for sometime, learned counsel for the petitioner requested the Court to direct respondent No.2 herein to consider the representation, dated 22.02.2017, of the petitioner and pass appropriate orders in accordance with law.

3.

Considering the facts and circumstances of the case and the grievance of the petitioner, without going into the merits of the case, respondent No.2 is hereby directed to consider the representation, dated 22.02.2017, of the petitioner and pass appropriate orders in accordance with law as expeditiously as possible. Till disposal of the said representation, the official respondents are directed not to interfere with the subject property. 4.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

5.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO Date : 21.06.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.20118 OF 2017 Date: 21.06.2017 AMD