IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19478 of 2008 Between: Kurma Yohan S/o.George R/o.Bhanoji Thota Gajuwaka, Visakhapatnam ..... PETITIONER AND 1 The Tahsildar/M.R.O., Gajuwaka,Visakhapatnam 2 The State of AP., rep.by its District Collector Visakhapatnam 3 Greater Visakha Municipal Corporation, rep.byits Commissioner, Visakhapatnam 4 The Zonal COmmissioner , Greater Visakha Municipal Corporation, Situated at Gajuwaka, 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 an appropriate writ direction or order the one more particularly in the nature of writ of mandamus declaring the action of the respondents in forcibly attempting to demolish the petitioner structures and to dispossess his from the house situated in plot No.709 in an extent of Ac.0.6 3/4 cents in Old Sy.No.185 and new Sy.No.86 of Gajuwaka , Visakhapatnam without issuing any notice and without passing any order of eviction and without aﬀording his any opportunity of being heard as illegal, arbitrary, unjust mala ﬁde and against the principles of natural justice and to consequently direct the respondents not to demolish the structures or to interfere with his possession and enjoyment of the said house property excepting under due process of law and to pass Counsel for the Petitioner: MR.K.SARVA BHOUMA RAO Counsel for the Respondents: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: This writ petition has been ﬁled by the Kurma Yohan, assailing the action of the respondents in interfering with his possession in respect of Plot No.709, in an extent of Ac.0.6 ¾ cents in old S.No.185 and new S.No.86 of Gajuwaka, Visakhapatnam, without following due process of law. The petitioner claims that his father late Kurma George was granted patta No.185/709 by the erstwhile Mukhasadar of Gajuwaka, in respect of Ac.0.6 ¾ cents comprising of old S.No.185 and new S.No.86. His father raised a thatched shed, and subsequently, patta came to be granted in favour of his father under the provisions of Andhra Inams (Abolition and conversion into Ryotwari) Act, 1976. His father died, and thereby, he became the absolute owner of the thatched shed. It is the contention of the petitioner that the respondents are trying to demolish the thatched shed without following due process of law. Hence this present writ petition. When the writ petition came up for admission, Sri N. Ranga Reddy, learned Standing Counsel of Greater Visakhapatnam Municipal Corporation received notice on behalf of respondents. Heard learned counsel appearing for the petitioner and learned Standing Counsel for Greater Visakhapatnam Municipal Corporation appearing for respondents. The grievance of the petitioner is that the respondents are trying to interfere with his possession in respect of Ac.0.6 ¾ cents without following due process of law. In that view of the matter, the writ petition is disposed of at the stage of admission directing the respondents to follow due process of law in the event of the premises in occupation of the petitioner is required for any public purpose. _________________________ (B. Seshasayana Reddy, J.) 8th September, 2008 Note: Operative portion by wire at party’s cost. (B/o) Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Tahsildar/M.R.O., Gajuwaka,Visakhapatnam 2 The State of AP., rep.by its District Collector Visakhapatnam 3 Greater Visakha Municipal Corporation, rep.byits Commissioner, Visakhapatnam 4 The Zonal COmmissioner , Greater Visakha Municipal Corporation, Situated at Gajuwaka, Visakhapatnam 5 2 CD copies.