IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26990 of 2008 Between: 1 Sri A. Krishna (Hindu) S/o. A. Narsimham R/o. D.No. 62/6/4/A, Jawahar Nagar Road, Sri Haripuram, Gajuwaka, Visakhapatnam. 2 Y. Satya Rao (Hindu) S/o. Tatabai R/o. D.No. 62/5/23, Jawahar Nagar Road, Sri Haripuram, Gajuwaka, Visakhapatnam. ..... PETITIONER(S) AND 1 Government of A.P. Rep. by its Principal Secretary Municipal Administration & Urban Development, Secretariat, Secretariat Buildings, Hyderabad. 2 The Greater Visakhapatnam Municipal Corporation Rep. by its Commissioner 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 a suitable writ, order or direction more particularly one in the nature of writ of mandamus declaring the impugned action of the Respondents issuing the notice dt. 26-11-2008 vide R.C.No.6990/2008 ACP-IV as illegal, arbitrary and violative of Article 300-A of the Constitution of India and consequently direct the Respondents not to interfere with our properties bearing No.62/6/4/A, and 62/5/23, at Jawahar Nagar Road, Sriharipuram, Gajuwaka, Visakhapatnam, in any manner whatsoever including the demolition of the said properties as contemplated under law. Counsel for the Petitioner:SMT.S.A.V.RATNAM Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : O R D E R:- The petitioners assert that they are the absolute owners and possessors of the Houses bearing Nos.62-6-4/A and 62-5-23 situated at Jawaharnagar Road, Sriharipuram, Gajuwaka, Visakhapatnam, having acquired the same under registered sale deeds dated 14.12.1983 and 11.2.2004 respectively from one Chittamma and K.Narayanamma. Now, the petitioners’ main grievance is that they received a notice dated 26.11.2008 from the 2nd respondent-Corporation calling upon them to give their written consent to surrender a portion of the site that is likely to be affected in the proposed road widening programme, without being paid any compensation. Challenging the said notice, this writ petition is filed. Heard the learned counsel for both the parties and perused the material placed on record. Admittedly, the petitioners are the owners of the houses in question. The 2nd respondent issued the impugned notice calling upon the petitioners to surrender some portion of the site that is likely to be affected in the road widening programme initiated by them. Section 146 of the Hyderabad Municipalities Corporations Act, 1955 (for short “the Act”) deals with acquisition of immovable property by an agreement. In fact, the 2nd respondent wants some portion of the petitioners’ site for public purpose. When a particular piece of land is required for public purpose, it is always open for the authorities to acquire the same, but in such an event, they have to enter into an agreement as contemplated under Section 146 of the Act. If the persons, whose property is required for public purpose, refuse to enter into any agreement or part with their land by way of consensus, then the next course of action left to the 2nd respondent-Corporation is to follow the procedure laid down under Section 147 of the Act, which deals with the procedure relating to when movable and immovable property cannot be acquired by agreement. Since it is the case of the petitioners that without paying any compensation to them, the 2nd respondent has issued the impugned notice requiring them to give written consent to surrender some portion of the land, which according to the petitioners, is not specified, it is clear that no agreement whatsoever as provided under Section 146 of the Act, has been entered into by the respondents with the petitioners. In the circumstances, the writ petition is disposed of directing the 2nd respondent-Corporation to follow the procedure contemplated under Sections 146 and 147 of the Act, before taking possession of some portion of the petitioners’ site as indicated in the impugned notice. No costs. _______________ 11.12.2008 bcj