THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.28629 of 2014 Dated: 20.10.2014 Between:
Polampalli Venkateshwarlu .. Petitioner and The Manager, Andhra Pradesh Industrial Infrastructure Corporation Ltd. IALA Commissioner, Autonagar, Gajuwaka, Visakhapatnam District and another.
.. Respondents Counsel for the petitioner: Mr. Venkateshwar Varanasi Counsel for the respondents: Mr. P. Roy Reddy The court made the following:
ORDER:
This writ petition is filed for a Mandamus to declare the action of the respondents in seeking to interfere with the petitioner’s possession of 0.98 cents of land in Sy.No.51/19 of Duvvada Village, Gajuwaka Mandal, Visakhapatnam District, as illegal and arbitrary.
A perusal of the averments made in the affidavit filed in support of the writ petition shows that before filing this case, the petitioner has not caused any notice on the respondents requesting them not to interfere with his possession.
Mr. P. Roy Reddy, learned Standing Counsel for the respondents, submitted that as the lands belonging to the petitioner and the respondents are neighbouring with each other, the appropriate course for the petitioner is to seek a survey conducted and boundary demarcated between the lands.
In my opinion, the petitioner ought not to have filed this writ petition without first approaching the respondents by way of a notice.
As suggested by Mr. P. Roy Reddy, learned Standing Counsel, the petitioner also ought to have sought for survey and demarcation of the boundary between his land and the land belonging to the respondents.
In this view of the matter, the petitioner is permitted to approach the respondents with a representation. On such representation being made, the respondents shall initiate appropriate steps for getting the boundary line demarcated between the respective lands of the parties.
Subject to the above observation and direction, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, W.P.M.P.No.35840 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 20th October, 2014 IBL