THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. No. 35146 of 2012 Date of Judgment: 11.6.2014 Between:
K.S.N. Raju …Petitioner And The District Collector, Visakhapatnam district and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 35146 of 2012 ORDER:
Heard learned counsel for the parties.
The petitioner claims that he is the owner and possessor of land admeasuring 1840 sq. yards in T.S.No. 1031, Block No. 45, situated at Waltair ward, Visakhapatnam town and district, having purchased the same under an agreement of sale-cum-general power of attorney, dated 18.10.2012. It is alleged that on 3.11.2012 and 4.11.2012 the respondents 3 to 5 along with their staff visited the petitioner’s land and threatened to dispossess him from the same on the ground that the land was required for assignment to respondent No.6. The present writ petition is filed seeking a writ of mandamus against the respondents from interfering with the peaceful possession and enjoyment of the petitioner over the aforesaid land without following due process of law.
On 9.11.2012 notice before admission was ordered. Respondent No.3 has filed a counter-affidavit specifically stating in paragraph-2 that he never interfered with the possession and enjoyment of the petitioner over the aforesaid land nor tried to dispossess him from the same, as alleged in the writ petition. It is further stated that if the petitioner’s land is required for any public purpose, due process of law will be followed before dispossessing the petitioner. It is also stated that personal inspection of the land was also made and it was noticed that the petitioner is in possession and enjoyment of the said land and a structure i.e., shed raised by the petitioner is also existing. In view of the aforesaid averments in the counter- affidavit, it is clear that the petitioner approached this Court merely on the basis of apprehension and there is hardly any cause survived for consideration of the writ petition on merits.
Hence the writ petition is dismissed along with miscellaneous applications, if any. No costs.
VILAS V. AFZULPURKAR, J Dt. 11.6.2014 KR