IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16641 of 2007 Between: 1 Mupparavapu Venkata Rajan babu S/o M. Ramachandra Rao R/o Flat NO.203, Duvvada Station Road, Visakhapatnam 2 Adusumilli Swarjaya Lakshmi W/o a. Satyanarayana Rao R/o D.No.HIG 84, Sujathanagar, Pendurthi, Vishapatnam 3 Sanga Sarala W/o S. Prabhakara Rao R/o D.No.MIG B-5, Sheelanagar, Visakhapatnam 4 Chebrolu VEnakta Ramana Kameshwari D/o CH. Kameshwara rao R/o D.No.H.-23, Sheelanagar, BHPV Vishapatham Rep. by its General Power of ATtorney Holder G. Sarma 5 Thotikonda Adinaryana Rao S/o Gharaju Sarma R/o HIG -5, Sheelanagar, Visakhapatnam 6 Smt Bande Saymala W/o D. Venakteshwarlu R/o D.No.H-4, Sheelanagar, BHPV Post, Visakhpatnam ..... PETITIONER(S) AND 1 The Commissioner, Greater Visakha Municipal Corpoartion Tenneti Bhavan, Asilmetta junction, Visakhapatnam 2 The Zonal Commissioner, Greater Visakha Municipal Corpoartion Gajuwaka Municpal Corporation Buildigns, Visakhapatnam 3 The City Planner Greater Visakha Municipal Corpoartion Tenneti Bhanvan, Asilmetta Junction, Visakhapatnam .....RESPONDENT(S) 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 a writ of Mandamus declaring the action of the respondents in deciding to form road through the site and building properties of the petitioners covered by old survey number 8/3 and new survey number 8/3 C of Kurmannapalem Village, Ward No.58, Gazuwaka, Greater Visakhapatnam Municipal Corporation Ltd, without following due process of Law as illegal, irregular, arbitrary and violative of sections 145 to 147 of the Hyderabad Municipal Corporations Act, 1955 and offends articles 14,21 and 300(a) of Constitution of India and consequently direct the respondents not to form any road through the said site and building properties of the petitioners. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : O R D E R: This writ petition has been filed by the petitioners who are six in number assailing the action of the respondents in not following the procedure while acquiring the property of the petitioners for formation of road. The learned Standing Counsel appearing for the respondents, on instructions, submits that the respondents’ undertake to follow the procedure contemplated under the provisions of Hyderabad Municipalities Act in the event of the site owned by the petitioners is required for road expansion. Such is the statement of the learned Standing Counsel appearing for the respondents, this writ petition is disposed of directing the respondents to follow the procedure contemplated under the provisions of Hyderabad Municipalities Act in the event of the site owned by the petitioners is required for road widening. No costs. 24th June, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.16641 OF 2007 24TH June 2008.