HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.27641 of 2007
Date: September 22, 2014
Between:
1. K. Laxmipathi Raju & others.
… Petitioners And Visakhapatnam Urban Development Authority, rep. by its Vice Chairman, VUDA Building, Visakhapatnam.
… Respondent * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.27641 of 2007
O R D E R:
Heard learned counsel for the petitioners and learned standing counsel for the respondent.
2. Petitioners 1 and 2 are the joint owners of Ac.0.41 ½ cents of land in Survey No.39/5 of Nerellavalasa Village, Bheemili Mandal, Visakhapatnam, having purchased the same under registered sale deed dated 11.05.1990. Similarly, the 3rd petitioner is the owner of 410 square yards of land in Survey No.39/5 of the same village having purchased the same under registered sale deed dated 13.06.2007. They wanted to develop the property and have been raising fruit bearing trees such as Cashew etc. The Revenue Authorities have also issued pattadar passbooks and title deeds in their favour. While so, the respondent officials came to the land of the petitioners on 19.12.2007 and started breaking the fencing and cutting down the trees in order to lay a road across their lands. The petitioners gave a police complaint in Bheemili Police Station at about 2.30 p.m. But the police returned the complaint stating that it is a civil dispute and advised them to approach civil Court. The petitioners got issued a lawyer’s notice on 20.12.2007 demanding the respondent to indicate their right to enter upon their lands. Challenging the high handed action of the respondent, the present writ petition was filed.
3. Even after seven years, the respondent did not choose to file a counter-affidavit.
4. In the circumstances, the writ petition is disposed of directing the respondent not to interfere with the land of the petitioners except in accordance with law if they want to take any part of their land. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: September 22, 2014 BSB 8 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.27641 of 2007
Date: September 22, 2014
BSB