1 APHC010590712014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17558/2014 Between: Katragadda Ramesh ...PETITIONER AND Govt Of Ap Prl Scy M A D Hyd 2 and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K DURGA PRASAD Counsel for the Respondent(S): 1. T S VENKATARAMANA 2. R SUDHEER(S C) 3. GP FOR MUNCIPAL ADMN AND URBAN DEV The Court made the following: 2 ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “…to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in demolishing and taking possession of the property in R.S.No.14/3 in Mogalrajpuram, Vijayawada as illegal, null, void and arbitrary and consequently direct the 2nd Respondent to hand over the possession of the property in R.S.No.14/3 in Mogalrajpuram, Vijayawada to the Petitioner…” 2. The grievance of the petitioner is that their land was forcibly occupied by the Vijayawada Municipal Corporation for establishing a public park without either obtaining their written consent or their land being acquired in accordance with the provisions of the Greater Hyderabad Municipal Corporation Act, 1955. 3. Pending the writ petition, this Court has called for a report from the District Collector. Accordingly, the District Collector has submitted a report on 29.07.2014 and according to which, the petitioner has no right to make any claim over the schedule property as it belongs to the Government and that the Vijayawada Municipal Corporation is fully and legally entitled to develop it as a public park and considering the said fact this Court was initially pleased to 3 direct to maintain status quo as on 31.07.2014 in all aspects including construction and changing the nature of the land until further orders. 4. The learned Standing Counsel representing respondents has argued that as per the report of the District Collector, the land claimed by the petitioner belongs to Government and that the Vijayawada Municipal Corporation is legally entitled to develop it as a public park and as such, the petitioner has no right over the said land and hence, he is not entitled for payment of any compensation as claimed by him. Learned Standing Counsel further submitted that in view of the interim orders granted by this Court on 31.07.2014 directing the parties to maintain status quo in all aspects including construction and changing nature of the land until further orders, the respondent authorities are not in a position to proceed further in developing the said land as public park. 5. However, in view of the fact that in pursuance of the interim orders granted by this Court, the petitioner is in possession of possession of the said property since his ancestral period, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities not to interfere with the petitioner’s possession over the said property in R.S.No.14/3 in Mogalrajpuram, Vijayawada, without following due process of law. 6. With the above direction, the Writ Petition is disposed of. No order as to costs. 4 Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 14.02.2025 JLV