IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13691 of 2008 Between: Badabandala Ramana S/o. Late Papanna R/o. H.No. 38-23-88/1, Sri Ramanagar Colony, Marripalem, Visakhapatnam. ..... PETITIONER AND 1 State of A.P., Rep. by its Principal Secretary to Government Municipal Administration and Urban Development Department, Secretariat, Saifabad, Hyderabad. 2 Greater Visakhapatnam Municipal Corporation, rep. by its Commissioner, 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 order or direction more particulelu one in the nature of Writ of Mandamus declaring te action of the respondents in insisting the petitioner to vacate from his house and site property bearing house No. 38-23-88/1, Property Tax Assessment No. 100005/10169 admeasuring 60Sq.Yards situated in Sy.No. 107 of Marripalem, Sriram Nagar, Greater Visakhapatnam Municipal Corporation limits as illegal, irregular, arbitrary, without jurisdiction, violative of principles of natural justice, articles 14, 21 and 300-A of Constitution of India and also the provisions of Hyderabad Municipal Corporation Act as made application to the 2nd respondent and consequently direct the respondents not to evict the petitioner from his house and site property and to pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13691 OF 2008 ORDER: 1. This writ petition has been filed by Badabandala Ramana with a prayer to issue writ of mandamus declaring the action of the respondents in insisting the petitioner to vacate the house bearing No. 38-23-88/1, comprising 60 square yards situated in Survey No. 107 of Marripalem, Sriram Nagar, Greater Visakhapatnam Municipal Corporation as illegal and arbitrary. 2. The petitioner claims to have inherited 60 square yards site with house therein and the said house came to be assessed for tax by the Municipal authorities. 3. It is the grievance of the petitioner that the 2nd Respondent is contemplating to dispossess him from the house bearing No. 38-23- 88/1, without following the due process of law. 4. Heard learned counsel for the petitioner and learned standing counsel appearing for the respondent Municipal Corporation. 5. Learned standing counsel appearing on behalf of the 2nd Respondent submits that the Corporation would follow due process of law in the event of the petitioner being dispossessed from the premises. 6. Recording the said submission, this writ petition is disposed of directing the respondents to follow due process of law, in the event of the petitioner is required to be dispossess from the premises bearing No. 38- 23-88/1, admeasuring 60 square yards, situated at Marripalem. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 30th June, 2008. Note: C.C. in three days, B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13691 OF 2008 30th June, 2008.