IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 20093 of 2008 Between: 1 E. Malyadri S/o. Late Malakondaiah R/o. D.No. 31-34-56/1, Bangarammametta Visakhapatnam- 4 2 E. Varalakshmi W/o. Malyadri R/o. D.No. 31-34-56/1, Bangarammametta Visakhapatnam- 4 ..... PETITIONER(S) AND The Greater Visakhapatnam Municipal Corporation (Gajuwaka Zone) Reptd. 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 attempted action of demolition of the petitoners building situated in an extent of 375 sq. yds in Sy.No. 168/8 of Chinagantiyada, Gajuwaka Zone, Greater Visakhapatnam Municipal Corporation for the purpose of road widening by the respondent on 13-9-2008 at 11 a.m. without following due process of law under sections 146 & 147 of the H.M.C. Act or the Land Acquisition Act and without paying compensation as illegal, arbitrary, capricious and violative of Article 300-A of the Constitution of India and consequently to direct the respondent not to demolish the building for road widening without following due process of law or to pass any other order or orders 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 : O R D E R: This Writ Petition has been ﬁled by the petitioners who are two in number assailing the action of the respondent in attempting to demolish their premises without following due process of law in road widening. The petitioners claim that they are the absolute owners of house site admeasuring 375 square yards having purchased the same under a registered sale deed dated 14.2.1997. It is the case of the petitioners that the oﬃcials of the respondent came to the site on 13.9.2008 and attempted to demolish the house existing thereon for road widening. They prevented the attempts of the oﬃcials of the respondent. Since the threat of demolition of the premises owned by the petitioners continues they approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, learned Standing Counsel appearing GVMC received notice. Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for GVMC. Learned Standing Counsel appearing for the respondent- GVMC on instructions submits that the respondent will follow the due process of law in the event of the constructions made by the petitioners are required to be demolished for road widening. In that view of the matter, this Writ Petition is disposed of directing the respondent to follow due process of law in the event of constructions made by the petitioners are required for road widening. No costs. 15th September, 2008. (B.Seshasayana Reddy,J) tnb advance order sent. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.20093 OF 2008 15T H SEPTEMBER 2008