IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14307 of 2008 Between: Betha Narayanarao S/o.Ganganna 57-1-71 Subashnagar,Kancharapalem Visakhapatnam ..... PETITIONER 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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent corporation in trying to demolish the structures of the petitioner's house bearing No.57-171 Ward No.43(Property Assessment No.71167) situated at Main Road Kancharapalem,Visakhapatnam and pass Counsel for the Petitioner:MR.M.VISWANADHAM Counsel for the Respondent No.: MR.S.RANGA REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 14307 OF 2008 ORDER: 1. This writ petition has been filed by Betha Narayana Rao with a prayer to issue a writ of Mandamus declaring the action of the respondent Corporation in trying to demolish the structures of the petitioner’s house bearing No.57-1-71, Ward No. 43 (Property Assessment No. 71167) situated at Main Road, Kancharapalem, Visakhpaatnam as illegal and arbitrary. 2. The petitioner is owner of the house bearing No. 57-1-71, Ward NO.43, situated at Main Road, Kancharalpalem, Visakhapatnam district. According to the petitioner, the respondent-Corporation is trying to demolish his house for the purpose of road widening without obtaining his consent or taking recourse to the provisions of law. Hence, he filed this writ petition assailing the action of the respondent- Corporation. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent-Corporation. 4. Since, the respondent-Corporation has not issued any notice provided either in the Municipal Corporation Act or Land Acquisition Act to the petitioner, with regard to the acquisition of his property, the writ petition is disposed of directing the respondent-corporation to follow the provisions of Hyderabad Municipal Corporation Act and Rules framed therein, in the event of house of the petitioner is required to be demolished for the purpose of road widening. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 4th July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 14307 OF 2008 4th July, 2008.