ORDER :

1. This Writ Petition for a mandamus is filed to declare the action of respondent 2- Visakhapatnam Metropolitan Region Development Authority (VMRDA) in interfering with the possession of the petitioner in respect of the land covered by plot nos. 14 and 15 in an extent of 543 Sq. yards and 491.25 Sq. yards covered by Sy. No. 335/5 of Madhurawada Village, as illegal, arbitrary and unconstitutional and consequently sought direction to the respondents not to interfere with the possession of the petitioner in respect of the said land.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Municipal Administration appearing for the 1st respondent and Sri V. Surya Kiran Kumar, learned Standing Counsel, appearing for respondent 2-VMRDA.

3. The petitioner claims to be the owner of the land in question covered by Sy. No. 335/5 bearing plot Nos. 14 and 15 situated in Madhurawada Village of Visakhapatnam. The petitioner asserts that one Alka Shroff was the owner of the said land and the said Alka Shroff sold away the said land to the petitioner and the petitioner purchased the same under two registered sale-deeds dated 03.06.2021. It is stated that the said Alka Shroff purchased the said two plots under the sale deed bearing document No. 910 of 1995, SRO Madhurawada, from one Prasangi Murali Krishna on 07.05.1995 and the said Prasangi Murali Krishna purchased the said property from one Manchukonda Ranganayakamma under a registered sale deed dated 28.07.1990. Therefore, the petitioner asserts that after the petitioner purchased the land from Alka Shroff under the aforesaid two registered sale deeds, the petitioner has been in possession and enjoyment of the same and constructed a compound wall around the said land.

4. Now, the grievance of the writ petitioner is that, while so, on 07.01.2022, the officials of the 2nd respondent-VMRDA visited the said land and interfered with the possession of the petitioner by preventing the construction activity going on at the said land. It is stated that even the officials of the 2nd respondent tried to erect a board stating “CAUTION This Site Belongs to VMRDA” and the petitioner resisted them from erecting any such board. It is stated that officials of the 2nd respondent asserted that the said site belongs to VMRDA and the petitioner has no right over the said property. Therefore, the present Writ Petition is filed by the petitioner seeking the aforesaid relief.

5. Sri V. Surya Kiran Kumar, learned Standing Counsel for the 2nd respondent-VMRDA, on written instructions, which are also produced before this Court, would submit that the said land covered by Sy. No. 335/5, which is originally in an extent of 4.60 cents of Madhurawada Village, was classified as AWD (Assessed Waste Dry) and that it was assigned to one Manchukonda Ranganayakamma in the year 1978 and as the assignee had alienated the said land to the 3rd parties in contravention of the provisions of the A.P. Assigned lands (Prohibition of Transfer) Act, 1977 that the then Tahsildar of Visakhapatnam has resumed the said land to the Government under the provisions of the said Act and thereafter allotted the said land to the 2nd respondent on 30.12.2005. Therefore, after taking possession of the said land by the 2nd respondent that the 2nd respondent has sold away Ac. 3.13 cents of the land out of the total extent of 4.60 cents to M/s Deccan Infrastructures Pvt. Ltd., Hyderabad in an open auction conducted in the year 2007 and registered a sale deed in their favour on 22.11.2010 and that the said M/s Deccan Infrastructures Pvt. Ltd., has been in possession and enjoyment of the said land since 22.11.2010. Further stated that an extent of 11 cents covered by the aforesaid Sy. No. 335/5, is covered by master plan road.

6. Learned Standing Counsel also would submit that the said Prasangi Murali Krishna has no title to the property and he has no right to form any layout in the said land and to sell the plots to the v