IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 10872 of 2008 Between: 1 Sri Paruchuru Siva Ramakrishna , S/o.Gopala Rao, Vaibhav Nagar, Madhurawada, Visakhapatnam. 2 Ghanta Narasimha Rao, S/o. late Sambasiva Rao, R/o. Plot No.29, D.No.9-61, Vaibhav Nagar, Madhurawada,Visakhapatnam. ..... PETITIONER(S) AND 1 Greater visakhapatnam Municipal Corporation, Rep by its Commissioner, Aseelmetta Jn, Visakhpatnam. 2 District Collector, Visakhapatnam, 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 an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondents in proposing to lay a road across the land of the petitioners in Sy.No.56/2 in an extent of 1000 Sq.Yards situate in Pothina Mallaiah Palem, Village in Visakhpatnam (Rural) Mandal without following the due process of law as illegal arbitrary and violative of Art 14 and 300 A of Constitution of India consequently direct the respondents not to interfere with the possession of petitioners land and be pleased to pass Counsel for the Petitioners: MR.V.RAVINDER RAO Counsel for the Respondent: 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 with a prayer to issue a writ of mandamus declaring the action of respondents in proposing to lay a road across the land of the petitioners in Sy.No.56/2 in an extent of 1000 square yards situate in Pothina Mallaiah Palem village, Visakhapatnam (Rural) Mandal without following the due process of law as illegal, arbitrary and violative of Articles 14 and 300-A of Constitution of India. The writ petition came to be admitted on 21.5.2008. An interim direction came to be issued on 21.5.2008 as prayed for. When this writ petition has come up for passing further orders on the interlocutory application, learned Standing Counsel appearing for the 1st respondent-Corporation submits that 1st respondent would follow the provisions of Sections 146 and 147 of Hyderabad Municipal Corporation Act in the event of the site in question is required for laying the road. Such is the situation, no cause of action survives in this writ petition. Accordingly, this writ petition is disposed of directing the 1st respondent-Corporation to follow the procedure contemplated under the Hyderabad Municipal Corporation Act in the event of the land owned by the petitioners is required for laying the road. No costs. 20th June 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.10872 OF 2008 POSTED IN WEB 20TH JUNE 2008.