IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14995 of 2009 Between: Sri Boddapati Ramunaidu S/o.Venku Naidu R/o. Porlupalem (V), Chintala Agraharam (Post), Visakhapatnam. ..... PETITIONER AND The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, represented 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 any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in attempting to dispossess the petitioner from his property in Sy.No.12 a portion out of Ac.3-74 cents abutting the road leading from Visakhapatnam to Araku of Chimalapalli Village Porlupalem Grampanchayat now within the limits of Greater Visakhapatnam Municipal Corporation for the purpose of road widening on 21.07.2009 and threatening to dispossess him for the said purpose without following the due process of law under Sec. 146 of the H.M.C. Act or under the Land Acquisition Act by paying the market value for the site as illegal, arbitrary, capricious and violative of Article 21 and 300-A of the Constitution of India and consequently to direct the respondent not to dispossess him from his property except under due process of law referred to above. Counsel for the Petitioner: SMT.N.(P).ANJANA DEVI, P. SATYANARAYANA Counsel for the Respondents : MR.(SC FOR VUDA)N.RANGA REDDY The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14995 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondent-Greater Visakhapatnam Municipal Corporation in allegedly attempting to dispossess the petitioner from his property situated in Sy.No.12 a portion out of Ac.3-74 cents abutting the road leading from Visakhapatnam to Araku of Chimalapalli Village Porlupalem Grampanchayat, as illegal and arbitrary. It is alleged by the petitioner that the respondent Corporation has been proceeding with the road widening works by forcibly dispossessing the petitioner from his private land. Heard the learned counsel for the petitioner as well as the learned standing counsel appearing for the Corporation. Having regard to the specific allegations made by the petitioner that the Corporation is interfering with the possession of the petitioner’s land without following due process of law, which is impermissible under law, the writ petition is disposed of with a direction to the respondents not to interfere with the possession of the petitioner in respect of the land in question, in any manner whatsoever, without following due process of law. No costs. __________ 27.07.2009 Note: Issue copy of the order within two days. B/o. Rns To 1. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, 2. 2 CD copies REGISTRAR // TRUE COPY // SECTION OFFICER