IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.170 OF 2010 Between: M/s. Prime prints ..... PETITIONER AND Greater Visakhapatnam Municipal Corporation, Represented by its Commissioner, Visakhapatnam ....RESPONDENT The Court made the following: HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.170 OF 2010 ORDER: This writ petition is filed for a writ of mandamus declaring the action of respondent – Municipal Corporation in taking steps for demolition of the shop bearing D.No.4-10-5, situated at Ground Floor, Rajaratna Bhavan, Dwarakanagar, Visakhapatnam, which is being run by the petitioner in the name of M/s. Prime Prints, pending disposal of O.S.No.48 of 2009 on the file of Principal Junior Civil Jusge’s Court, Visakhapatnam, as illegal and arbitrary. 2. In the affidavit filed in support of the writ petition, it is stated that the petitioner is a lessee of the shop bearing D.No.4-10-5 situated at Ground Floor, Rajaratna Bhavan, Dwarakanagar, Visakhapatnam. It is also stated that the said shop was taken on oral lease from its owners Sri Kondapudi Subba Rao and Sri Kondapudi Prasad and the petitioner is using the said premises for manufacture of computerized stamps, name boards, common seals, brass steels etc. It is further stated that the petitioner is paying rent to the owners at the rate of Rs.1,275/- per month and the same is being enhanced from time to time. 3. It is the grievance of the petitioner that the respondent – Municipality is trying to demolish the said shop of the petitioner without issuing any notice and without following due process of law. 4. Though no counter affidavit is filed, on instructions, it is stated by the learned standing counsel, Sri N. Ranga Reddy, appearing for the respondent, that the land where the shop in question is located, is required for the purpose of road widening, and that they are taking steps for demolition of the said shop only by following due process of law, as contemplated under the provisions of the Municipal Corporation Act. 5. In view of the statement made by the learned standing counsel appearing for the respondent, I deem it appropriate to dispose of the writ petition directing the respondent – Municipality not to demolish or evict the petitioner from the shop bearing D.No.47-10-5, situated at Ground Floor, Rajaratna Bhavan, Dwarakanagar, Visakhapatnam, which is stated to be in occupation of the petitioner in the name of M/s. Prime Prints, as otherwise than due process of law. As it is made clear by the respondent – Municipality that the said property is required for road widening, it is open for them either to take consent from the petitioner or to notify the land under the provisions of the Land Acquisition Act, 1894. 6. Subject to above directions and observations, the Writ Petition is disposed of. There shall be no order as to costs. ________________________ R. SUBHASH REDDY, J 27th January, 2010 MD