IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 11195 of 2008 Between: 1. Sri Vegi Satyanarayana S/o. Late Kunchayya R/o. D.No.38-40-81/1, Main Road, Marripalem, Visakhapatnam. 2 Sri SAdaram Venkatarao S/o. Lachanna R/o. D.No.38-40-79 Main Road, Marripalem, Visakhapatnam. 3 Smt. Vegi Sarojini W/o. Ramachandra Prakash R/o. D.No.38-40-75 Main Road, Marripalem, Visakhapatnam. 4 Smt. Besetty Varalakshmi W/o. Appa Rao R/o. D.No.38-40-81/1 Main Road, Marripalem, Visakhapatnam. 5 Smt. Kalla Ramani W/o. Jagadish R/o. D.No.38-40-74/1 Main Road, Marripalem, Visakhapatnam. 6 Sri SAdaram VEnkata Raju S/o. Late Appa Rao R/o. D.No.58-1-42, Main Road, Marripalem, Visakhapatnam. 7 Sri Sadaram Appala Raju S/o. Late Appa Rao R/o. D.No.58-1-43 Main Road, Marripalem, Visakhapatnam. 8 Sri Sadaram Kanaka RAju S/o. Late Appa Rao R/o. D.No.58-1-43 Main Road, Marripalem, Visakhapatnam. 9 Sri Vegi Srinivas Rao S/o. Achyut Rao R/o. D.No.58-1-75/1 Main Road, Marripalem, Visakhapatnam. 10 Sri Vegi Achyut Rao S/o. Achyut Rao R/o. D.No.58-1-75/2 Main Road, Marripalem, Visakhapatnam. ..... PETITIONER(S) AND The Greater Visakhapatnam Municipal Corporation, rep. by its Commissioner, Visakhapatnam. .....RESPONDENT 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 to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed attempt of dispossession and demolition by the respondent and its officials of their house properties shown in annexure with necessary details on 22-5-2008 at about 12 pm for the purpose of road widening wtihout issuing any notice and without following the due process of law U/s 146 of the HMC Act under the Land Acquisition Act by paying the market value for the buildings and site as illegal, arbitrary, capricious and violative of article 21 and 300-A of the Constitution of India and consequently to direct the respondent not to demolish their buildings and dispossess them from their properties except under due process of law or ot pass 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 : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.NO.11195 OF 2008 ORDER: The only grievance of the petitioner is that in the guise of widening of the road, the properties belonging to the petitioners are being demolished without invoking the provisions of Land Acquisition Act or without conducting any negotiations for the purpose of acquiring the lands. In the above circumstances, without expressing any opinion on merits, the respondent is directed not to take up the demolition or interfere with the possession of the properties held by the petitioner, unless and until the properties are acquired under the Land Acquisition Act or by conducting negotiations. The writ petition is accordingly disposed of. No order as to costs. ________________ C.V.RAMULU, J Dated: 28.05.2008 Note: C.C. in three days B/o Kvrm/bsc ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}