THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 29288 OF 2011 ORDER : 1. This Writ Petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in attempting to demolish property bearing Door No.44-7-1/4, Thatichetlapalem, Visakhapatnam as illegal and arbitrary and consequently direct them not to demolish the said house. 2. Case of the petitioner may be stated as follows: The petitioner is absolute owner and possessor of the aforesaid property i.e. house, admeasuring an extent of 182.45 square yards, having got the same through a registered Gift Settlement Deed executed by his father, who got the same from his ancestors. Father of the petitioner and the petitioner are depositing property tax from time to time. On 24.10.2011, the authorities of second respondent came to the premises in question and trespassed into the property for demolition of the house for the purpose of widening the road, for which the petitioner objected on the ground that the property is not within the demarcation made by the respondents for road widening. The respondents have not given any notice either to the owner or the occupier to acquire the property of the petitioner. Hence, the Writ Petition. 3. The learned counsel for the petitioner stated that without there being any notice, the respondents are trying to demolish the house for the purpose of road widening, and hence, he prays to issue suitable directions. 4. On the other hand, the learned standing counsel appearing for the respondents stated that the site in which the construction in question is in existence, is required for the purpose of road widening and the respondent- municipal corporation will follow the procedure contemplated under the Greater Hyderabad Municipal Corporation Act, 1955 particularly under Sections 146 and 147 of the Act. 5. The factual matrix is not in dispute. The contention of the learned counsel for the petitioner is that without following the due process of law, the authorities are trying to demolish the building of the petitioner. Such a course is not permissible. No person shall be deprived of his right in immovable property without taking due course of law. Under Section 7 of the Visakhapatnam Municipal Corporation Act, 1979, provision of the Greater Hyderabad Municipal Corporation Act, 1955 would apply to the Municipal Corporation of Visakhapatnam. Therefore, the respondents can take recourse to law by following the procedure contemplated under the Greater Hyderabad Municipal Corporation Act, 1955, particularly under Sections 146 and 147 of the Act, for the purpose of acquisition of the land for road widening. 6. The Writ Petition is, accordingly, disposed of directing the respondents to follow the procedure contemplated under the Greater Hyderabad Municipal Corporation Act, 1955, particularly under Sections 146 and 147 of the Act, and thereafter take appropriate decision in accordance with law. Till then, the building in question shall not be demolished. No costs. --------------------- (K.C.Bhanu, J.) 1.11.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 29288 OF 2011 1.11.2011 THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 29288 OF 2011 DATED 1.11.2011 Between: Peddireddla Dilip Kumar …Petitioner And Greater Visakhapatnam Municipal Corporation, Represented by its Commissioner & another …Respondents