IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6976 of 2008 Between: K. Sivalinga Prasad S/o. Suryanarayana R/o. 58-17-1, Buchchiraju Palem, Visakhapatnam. ..... PETITIONER AND Greater Visakhapatnam Municipal Corporation, Rep bys its Commissionr, Aseelmetta Jn, 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 an order or direction more particularly one in the nature of writ of mandamus declaring the proposed action of the respondent in seeking to demolish part of premise bearing H.No. 58-17-1, Plot No. 79 situate in Buchchiraju Palem, Visakhapatnam for the purpose of weaker section housing without recourse to due process of law is illegal, arbitrary and violative of Art. 14, 21 and 300A of Constitution of India consequently direct the respondent not to demolish the said premises of the petitioner and be pleased to pass Counsel for the Petitioner:MR.V.RAVINDER RAO Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 6976 OF 2008 ORDER: 1. This writ petition has been ﬁled by K.Sivalinga Prasad assailing the action of the Respondent in trying to demolish his premises bearing House No. 56-17-1, Plot NO. 79, situated in Buchchiraju Palem, Visakhapatnam without following due process of law. 2. Petitioner claims to have purchased plot No.(old) 79 new 105, admeasuring 720 square yards in the lay out approved by the Town Planning Authorities vide L.P. No. 36/69. The respondents are trying to demolish part of the premises bearing House No. 56-17-1 for the purpose of weaker sections housing without recourse to due process of law. Hence, this writ petition. 3. Notice before admission has been ordered on 1-4- 2008. Respondent entered appearance and filed counter. 4. It is stated in the counter aﬃdavit that the respondent Corporation will follow the due process of law in the event of the premises held by the petitioner is required to be demolished. 5. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent. 6. Learned standing counsel appearing for the respondent submits that the respondent will follow due process of law in the event of the premises bearing House No. 58-17-1 owned by the petitioner is required for any public service. 8. In that view of the matter, the writ petition is disposed of directing the respondent to follow the due process of law in the event of part of the premises of the petitioner is required for public purpose. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 6th September, 2008 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 6976 OF 2008 6th September, 2008.