IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 100 of 2008 Between: 1. Smt. Uppu Maheshwari W/o U. Mukhalingam, R/o Door No. 4-218.2, Gopalapatnam, Visakhaptnam, Visakhapatnam District. 2. Smt. Uppu Ramanamma W/o U. Swami babu, R/o Door No. 4-218.2, Gopalapatnam, Visakhaptnam, Visakhapatnam District. ..... PETITIONERS AND 1 The Greater Visakha Municipal Corporation of Visakhaptnam, rep by its Commissioner, Visakhaptnam,. 2 The Greater Visakha Municipal. Corporation of Visakhaptnam repby City Planner, Visakhaptnam. 3 The Greater Visakha municipal Corporation of Visakhapatnam rep by its Assistant City Planner, Zone-VI, 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 may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent in interfering with the petitioners property situated at Sy. No. 1/4, vide Door No. 11-53 of Gopalapatnam main Road, Visakhapatnam without notice is arbitrary, bad and illegal and violation of Article 14 and 300-A of the Constitution of India, and consequently direct the respondents not to interfere into the petitioners property and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioners: MR.KURITIBHASKARA RAO Counsel for the Respondent Nos.1 to 3: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: This writ petition has been ﬁled by the petitioners, who are two in number, assailing the action of the respondents 1 to 3 in trying to demolish the structures put up by them in Survey No.1/4 vide Door No.11-53 of Gopalapatnam Main Road, Visakhapatnam. 2. The petitioners and one Smt.Uppu Meena are sisters. They purchased Ac.153.21 sq. yards in Survey No.1/4 situated in Gopalapatnam main road, Visakhapatnam, under registered sale deed dated 29.07.1993 from Smt.Indana Gunnamma and others. They approached the competent authority and obtained necessary permission in the year 1990 and constructed RCC Building. Smt.Uppu Meena relinquished her rights in respect of 51.07 sq. yards in favour of the petitioners under registered relinquishment deed dated 26.07.2000 and thereby the petitioners became owners and possessors of 153.21 sq. yards in Survey No.1/4 Gopalapatnam Main Road, Visakhapatnam. The building constructed by them in the said site came to be assessed for tax by the Visakhapatnam Municipal Corporation. The respondents undertook road widening programme in the main road of Gopalapatnam in the month of August, 2000. The existing road width was 24 feet and it was widened to 80 feet width from both sides. It is the grievance of the petitioners that the respondents are contemplating to demolish the constructions made by them without following the due process of law. 3. Notice before admission came to be ordered on 04.01.2008. The respondents entered appearance through their Standing Counsel and ﬁled counter-aﬃdavit and additional counter affidavit. 4. Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for the respondents. 5. Learned Standing Counsel appearing for the respondents 1 to 3 submits that the petitioners have given consent to handover the site in road widening. He placed on record the consent letter given by the petitioners, which reads as hereunder: “To The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. Sir, We, V.Maheswari W/o.V.Mukhalingam & V.Ramanamma W/o.V.Swamy Babu and we have already applied for Ground Floor and First Floor Commercial Building in S.No.1/4 situated at Gopalapatnam main road, Pendurthi Zone – VI, GVMC, Visakhapatnam. Now the Town Planning Technical Outdoor Oﬃcer wide B.A.No.307/2007/Date inspected the site, 07.11.2007. It is noted that my site measuring 82.51 sq. mts. Towards South side of the site falling in Road Widening as per Master Plan of GVMC. I have no objection to hand over the site required in road widening on free of cost to The GVMC and I do have by agreed my ownership with over the said site. Deponent S/d V.Maheswari S/d. V.Ramanamma” 6. In that view of the matter, the contention of the petitioners that the respondents are demolishing the constructions made by them without following the due process of law has no merit. 7. Accordingly, the writ petition is dismissed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:04th September, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}