IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 21377 of 2008 Between: 1.Prasadi Appalaswamy, son of late Pothayya, resident of 50-48-18, Seethammadhara, P & T Colony, Visakhapatnam 13 2.Prasadi Apparao, son of late Polayya, resident at D.No. 48- 14-92, Rama Talkies Junction, Tulasipeta, Visakhapatnam-13 3.Prasadi Chandrasekhar Rao, son of late Polayya, resident at D.No. 48-14-92, Rama Talkies Junction, Tulasipeta, Visakhapatnam 13 4.Prasadi Srinivasa Rao, son of late Polayya, resident at D.No. 48-14-92, Rama Talkies Junction, Tulasipeta, Visakhapatnam 13 5.Prasadi Naga Ratnam, Wife of late Prasada Rao, resident at D.No. 48-14-92, Rama Talkies Junction, Tulasipeta, Visakhapatnam 13 6.Prasadi Raja Sekhar, son of late Prasada Rao, resident at D.No. 48-14-92, Rama Talkies Junction, Tulasipeta, Visakhapatnam 13 7.Prasadi Udaya Kumar, son of late Prasada Rao, resident at D.No. 48-14-92, Rama Talkies Junction, Tulasipeta, Visakhapatnam 13 ..... PETITIONERS AND 1 State of Andhra Pradesh rep.by its Secretary Municipal Administration Secretariat Buildings Hyderabad 2 Greater Visakhapatnam Municipal Corporaion Rep.by its Commissioner,Visakhapatnam .....RESPONDENTS 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, preferably, one in the nature of Writ Mandamus declaring the action of the 2nd respondent in attempting to dispossess us in respect of our land admeasuring 420.32 sq.yds in survey No.43/2P, T.D No.180, (old Division No.25 corresponding to new Division No.10 Situated in Isuka Thota, Maddilapalem Village, Visakhapatnam. for laying the road through our property without any authority of law as illegal, arbitrary, and violative of Article 14 and 300-A of the Constitution of India; and consequently direct the 2nd respondent not to dispossess the petitioners from our land admeasuring 420.32 sq.yds in survey No.43/2P, T.D No.180, (old Division No.25 corresponding to new Division No.10 Situated in Isuka Thota, Maddilapalem Village, Visakhapatnam pending disposal of the above Writ Petition. Counsel for the Petitioners: MR.RAVI CHEEMALAPATI Counsel for the Respondents: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following: THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.21377 of 2008 ORDER: This writ petition has been ﬁled by the petitioners, who are seven in number, assailing the action of Greater Visakhapatnam Municipal Corporation in trying to lay a road in the property owned by them without following due process of law. Prasadi Apparao has sworned the aﬃdavit ﬁled in support of the writ petition. It is stated that the petitioners are the owners of land admeasuring 420.32 sq.yards in Survey No.43/2P, T.D.No.180 (old Division No.25 corresponding to new Division No.10) situated in Isuka Thota, Maddilapalem Village, Visakhapatnam. It is further stated in the writ aﬃdavit that the respondents are contemplating to lay a road through their property without following due process of law. When the matter came up for admission, Sri N.Ranga Reddy, the learned Standing Counsel for Greater Visakhapatnam Municipal Corporation, received notices on behalf of the respondents. The learned Standing Counsel, on instructions, reports that the respondents will follow due process of law in the event of a road being laid in the property owned by the petitioners. In that view of the matter, the writ petition is disposed of directing the respondents to follow due process of law in the event of a road being laid in the property owned by the petitioners. No costs. __________________ B.Seshasayana Reddy,J Dt.26th September, 2008. Note: Communicate the operative portion of the order by wire at party’s costs. (b/o) VGB