IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 17313 of 2009 Between: 1 Sri. Vadapalli Seetharama Raju S/o. V. Rajan Raju R/o. 31-27-61/1 Kurmannapalem, Visakhapatnam. 2 Sri. Vadapalli Bangar Raju S/o. Rajan Raju R/o. 31-27-61/2 Kurmannapalem, Visakhapatnam. 3 Sri. Vemanamandha Seetharama Raju S/o. Narasimha Murthy Raju R/o. 31-27-46, 48 Kurmannapalem, Visakhapatnam. 4 Sri. Vemanamandha Venkata Narasimha Murthy Raju S/o. Balarama Murthy Raju, R/o. 5-147 Kurmannapalem, Visakhapatnam. 5 Sri. Vemanamandha Seetha Rama Raju S/o. Balarama Murthy Raju R/o. 5-147 Kurmannapalem, Visakhapatnam. 6 Smt. Changanti Vijaya Laxmi W/o. Hema Sundara Reddy R/o. 31-27-5 Kurmannapalem, Visakhapatnam. 7 Sri. Dasari Udaya Bhaskara Rao S/o. Rama Rao Kurmannapalem, Visakhapatnam. 8 Sri. Vechalapu Venkata Rama Rao S/o. Sanyasi Naidu R/o. 31-27-48/2 Kurmannapalem, Visakhapatnam. 9 Smt. Vechalapu Sarada W/o. Vechalapu Venkata Rama Rao R/o. 31-27-48/2 Kurmannapalem, Visakhapatnam. 10 Sri. Thummapala Para Desi S/o. Appala Naidu R/o. 31-27-46, Vadlapudi Kurmannapalem, Visakhapatnam. 11 Smt. Kucharlapati Rajyalaxmi W/o. K.V.S.N.Raju R/o. 31-27-62 Kurmannapalem, Visakhapatnam. 12 Smt. Sakhineti Venkata Vijayalaxmi W/o. S.Srirama Murthy Raju R/o. 31-27-63 Kurmannapalem, Visakhapatnam. ..... PETITIONERS AND 1 Greater Visakhapatnam Municipal Corporation Reptd. by its Commissioenr, Visakhapatnam. 2 The District Colelctor, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in attempting to dispossess and demolish the petitioner's respective buildings bearing D.Nos. 31-27-61/1, 31-27-61/2, 31-27-46, 48, 5-147, 31-27-51, House Site of 285.75 Sq. Yds in Sy.No. 25/2, 31- 27-46, 31-27-48/2, 31-27-62, 31-23-63, House site of 55.58 Sq. Yds. in Plot Nos. 1 & 2 part in Sy.Nos. 28/1 respectively of Kurmannapalem, Visakhapatnam on 17.08.2009 at 11.30 a.m. for the purpose of road widening of 100 wide road leading from Kurmannapalem Junction to Duvvada Railway station into 200 feet wide road on the right side of that road leaving the Government land on the left side of the road in Sy.No. 117, dt. 12.01.2009 and without taking any action on that representation and without issuing any notice and notification under the Land Acquisition Act as illegal, arbitrary, capricious, unjust unwarranted, violative of principles of natural justice and violtive of Article 300-A of Constitution of India and consequently to direct the respondents not to take up road widening on the right side of the existing road ( Eastern side to the road ) except under due process of law and further direct the respondents to take up the road widening on the left side of the road ( Western side ) in the available Government land. Counsel for the Petitioner: SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: Heard the learned counsel for the petitioners and the learned standing counsel for the respondent Corporation and perused the material made available on record. This writ petition is filed by the petitioners stating that the respondents are attempting to dispossess them from their respective buildings in question situated in Kurmannapalem Village, Visakhapatnam and are also trying to demolish the same without following due process of law for the purpose of widening the road leading from Kurmannapalem junction to Duvada Railway station. The learned standing counsel for the respondent Corporation on instructions submits that they are not taking up any road widening programme as alleged by the petitioners and are trying to demolish the houses of the petitioners and only on mere apprehension, the petitioners approached this Court. He also submits that even if they intend to widen the road, they will follow due process of law. Recording the above submission, the writ petition is closed. N.V.RAMANA,J Dt.21.8.2009 msv