THE HON'BLE MR JUSTICE N.V. RAMANA Writ Petition No.5972 of 2010 ORDER: In this writ petition, the petitioners seek a writ of Mandamus to declare the action of the Greater Visakhapatnam Municipal Corporation, Visakhapatnam, the respondent herein, in trying to dispossess them from the premises bearing No. 44-15-110 admeasuring 70 square yards situated at Thatichettiplaem, Visakhapatnam for the purpose of laying of a road and construction of drainage line on the said land without paying any compensation and without following the due process of law as illegal and arbitrary. A consequential direction is also sought to the respondent- Corporation not to dispossess them from the premises in question without following the due process of law. Petitioners claim to be the owners of the premises bearing No.44-15- 110 admeasuring 70 sq. yards situated at Thatichettiplaem, Visakhapatnam. While so, when the respondent-Corporation tried to dispossess them from the land in question, they filed O.S. No.374 of 1988 before the I Additional Munsif, Visakhapatnam seeking the relief of permanent injunction. The said suit was decreed in favour of the petitioners, and as no appeal has been preferred by the respondent-Corporation against the said decree, the same became final. It is stated that after the death of the brother of the petitioner’s father, their father, Konathala Venkata Apparao became the absolute owner of the property. They further stated that after the death of their father, they inherited the property and since then they are in continuous possession and enjoyment of the same. While so, on 13.3.2010, the officials of Corporation tried to lay a road through their property without issuing any notice and without initiating any proceedings under the Land Acquisition Act for acquiring the same. Hence, they filed the present writ petition. When the matter came up for hearing, Sri N. Ranga Reddy, learned Standing Counsel representing the respondent-Corporation submitted that the Corporation will not dispossess the petitioners from the land in question without following the due process of law. Under the circumstances, the writ petition is disposed of directing the respondent-Corporation not to dispossess the petitioners from the land in question without following the due process of law, in case, it requires the same for the purpose of road widening or for construction of drainage line. No costs. ________________ N.V.RAMANA,J Date: 25.8.2010 pnb