THE HON’BLE SRI JUSTICE K.C.BHANU W.P.No.15395 OF 2011 ORDER: This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in marking the petitioners’ property situated in an extent of 4022.914 Sq.yards in Sy.No.61/1 and 62/3 of Gajuwaka Village, Visakhapatnam for the purpose of laying a road and thereby, threatening to demolish the shops existed at eastern side of the property without initiating Land Acquisition Proceedings or prior notice as illegal and arbitrary, and consequently, direct the respondents not to lay any road through the petitioners’ aforementioned joint family property. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners are the absolute owners and possessors of the aforementioned joint family property having purchased the same under a registered sale deed. The petitioners constructed 12 shops at the southern side and 10 shops at the northern side of the site and leased out the said shops to various petty business people and they have been paying the municipal taxes and electricity connections were obtained from the Transmission Corporation. At the northern side of their property, Gajuwaka to Anakapalli road is passing and at the southern side, Gajuwaka to Kanithi road is passing. Earlier, the State acquired the property of more than 600 Sq.yards for the extension of Gajuwaka to Anakapalli road without any compensation. When the respondents were interfering with the shops that were constructed at the northern side of the property, the petitioners filed W.P.No.9448 of 2011 and an interim direction was given to the respondents not to demolish the structures of shops. The said writ petition is pending adjudication. On 01.06.2011, the officials of the respondent came and tried to demolish the shops on the northern and southern side. The officials stated that they have received instructions from their superiors to lay a connecting road through their land at eastern side of the property connecting Anakapalli and Tanuku roads, which are situated at northern and southern side of their property. The officials bluntly replied that at any cost, they would lay the road by demolishing the structures. So the petitioners issued a telegram legal notice to respondents that any interference by the respondents with the shops covered under W.P.No.9448 of 2011 would amount to contempt of court. Even after receipt of notice, the respondents tried to demolish the structures at southern side shops stating that they are not covered under the writ petition. Hence, the present writ petition. 3. Heard both sides. 4. The grievance of the petitioners is that the respondents made a mark for the purpose of laying of road in the petitioners’ property to an extent of 4022.914 Sq.yards in Sy.No.61/1 and 62/3 of Gajuwaka Village, Visakhapatnam. The respondents have no authority to enter into the land or property belonging to a private person like the petitioners or to demolish the shops existing on the eastern side of the property without initiating any Land Acquisition Proceedings. 5. Admittedly, no notice is given to the petitioners by the respondents so as to acquire the land for the purpose of laying of the road. Therefore, the respondents are directed not to demolish the shops of the petitioners except in accordance with law by initiating Land Acquisition Proceedings under Sections 146 and 147 of the Greater Hyderabad Municipal Corporation Act, 1955. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _______________ K.C.BHANU, J 11th November, 2011. AMD THE HON’BLE SRI JUSTICE K.C.BHANU W.P.No.15395 OF 2011 Date: 11.11.2011 AMD