IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28907 of 2008 Between: Smt.M.Poorna Bindhu W/o.Harish R/o.Vijayawada, Krishna District. ..... PETITIONER AND 1 Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada. 2 Chief Engineer, Engineering Section, Vijayawada Municipal Corporation, Vijayawada. 3 Chief City Planner, Vijayawada Municipal Corporation, Vijayawada. .....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 to issue a writ order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents of laying road in the middle of the petitioners land situated in R.S.No.37/1, 38/1, Bhavanipuram, Adjacent to Krmbay Road, Vijayawada, is illegal, arbitrary void and against to principles of natural justice and pass. Counsel for the Petitioner: MRN.CHIRANJEEVI Counsel for the Respondents: SMT.G.JHANSI The Court made the following Order: THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.28907 of 2008 ORDER: 1 When the material for the purpose of laying road was placed in the plot belonging to the petitioner, apprehending that a road may be laid, she approached this Court and filed the present Writ Petition. 2 On instructions the learned standing counsel for Vijayawada Municipal Corporation submitted that there is no proposal to lay any road in the plot belonging to the petitioner and the respondent authorities have directed their men to remove the material dumped in the plot belonging to the petitioner. 3 In the light of the said submission made by the learned standing counsel, this Court is of the view that no direction need be given in this writ petition. However, it is made clear that if the respondent Corporation wants the plot belonging to the petitioner for the purpose of laying the road, it may do so after following due process under law. 4 With the above direction, the Writ Petition is disposed of at the stage of admission. No order as to costs. ____________________________ (GOPALA KRISHNA TAMADA, J) 30th December, 2008 GHN To 1 Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada. 2 Chief Engineer, Engineering Section, Vijayawada Municipal Corporation, Vijayawada. 3 Chief City Planner, Vijayawada Municipal Corporation, Vijayawada. 4 2CD copies Form-NIC-OGS/WP{KURR}