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 : 940 of 2008 Between: 1 Smt.Sandrana Chinthallmma W/o.late Pydithalli R/o.Akkireddypalem , Visakhapatnam 2 Smt.Sandranna Aruna W/o.Narasimha Rao R/o.Akkireddypalem, Visakhapatnam 3 S.chinnam Naidu S/o.Pydhithalli, R/o.Akkireddypalem , Visakhapatnam 4 S.Rama Rao S/o.Pydithalli, Visakhapatnam 5 S.Krishna Rao S/o.Pydithalli, R/o.Akkireddypalem Visakhapatnam ..... PETITIONERS AND The Greater Visakhapatnam Municipal Corporation rep.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 constructing overhead water tank and proposing to construct Kalyana Mandapam in petitioners private land in an extent of 3 acres in Sy.No.34 of Akkireddypalem Visakhapatnam for the last 10 days from Pongal vacation of 2008 without following the due process of law under sections 146 & 147 of H.M.C. Act is illegal, arbitrary, capricious unjust and vioaltive of Article 300-A of Constitution of India and consequently to direct the respondent not to make any such constructions in their private land without following due process of law and paying compensation or to pass Counsel for Petitioner: SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : ORDER: This writ petition has been filed by the petitioners, who are five in number, with a prayer to issue a Mandamus declaring the action of the respondent in constructing overhead water tank and proposing to construct Kalyanamandapam in the petitioners’ private land in an extent of Acs.3.00 in Sy.No.34 of Akkireddypalem, Visakhapatnam as illegal and arbitrary. The petitioners claim that they have got Acs.3.00 of land in Sy.No.34 and the said land is their ancestral property. To substantiate their claim that they are the owners of the property, they have placed three tax receipts on record. Their grievance is that the respondent- corporation is proceeding with the construction of overhead tank and Kalyanamandapam in their land owned and possessed by them, without following the due process of law. The respondent filed counter affidavit. It is stated in the counter affidavit that the site required for construction of 800 KL ELSR, was donated by Sri Durgamamba & Sri Kunchamamba Devalayam Seva Sangham, Akkireddypalem in Sy.No.34/1 to GVMC. The M.R.O., Gajuwaka has given copy of adangal wherein “Gramadevatha Durgalamma & Kunchalamma Manyamu” has been shown as owner of Ac.0.84 cents in S.No.34/1. Accordingly the G.V.M.C. has proposed 800 KL ELSR in the site available in S.No.34/1 as requested by the society in their letter. In a way, the respondent specifically pleaded that the land belongs to Sri Durgamamba & Sri Kunchamamba Devalayam Seva Sangham. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondent. The learned counsel appearing for the petitioners submits that the petitioners are the owners of Acs.3.00 of land in Sy.No.34/1 and the same is their ancestral property. Therefore, the action of the respondent in constructing 800 KL ELSR in the site belonging to the petitioners without following the provisions of the Hyderabad Municipal Corporation Act, is illegal and arbitrary. The learned Standing Counsel submits that the land in dispute has been donated by Sri Durgamamba & Sri Kunchamamba Devalayam Seva Sangham and therefore, the respondent is proceeding with the constructions thereon. Basing on three cist receipts, which are of the year 1955, 1958 and 1959, the right of the petitioner over the land in dispute cannot be decided. It is for the petitioners to establish their title over the property by approaching the Civil Court. Reserving the said liberty, the Writ Petition is dismissed. No costs. _________________________ (B. Seshasayana Reddy, J.) 17th June, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, Greater Visakhapatnam Municipal Corporation Visakhapatnam. 2. 2 CD copies.