IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 26607 of 2008 Between: Akula Rama RAo S/o. Narasimhulu D.No.62-6-5, Jawahar Nagar Road, Sriharipuram, Malkapuram Post, Visakhapatnam - 530011. ..... PETITIONER AND 1 Government of Andhra Pradesh, represented by Principal Secretary, Municipal Administration, Secretariat, Hyderabad. 2 The Commissioner, Greater Visakhapatnam Municipal Corporation, 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents in issuing the notice dated 26.11.2008 in Rc.No.6990/2008/ACP-IV as arbitrary, illegal, high handed and opposed to all cannons of law and consequently direct the respondents not to interfere with the property of the petitioner in any manner whatsoever including demolishing the same without following the procedure as contemplated under law and pass such other order or orders. Counsel for the Petitioner:MR.T.S.ANAND Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.26607 of 2008 ORDER: 1 According to the petitioner, he is the absolute owner and possessor of house bearing D.No. 62-6-5, Jawahar Nagar Road, Sriharipuram, Malkapuram Post, Visakhapatnam and the respondent – Corporation required the said house for the purpose of road widening. In that view of the matter, the second respondent issued a notice dated 26.11.2008 calling upon the petitioner to give a written consent within seven days to surrender a portion of the site, which is required for the said purpose. Assailing the said notice, the petitioner approached this Court and filed the present Writ Petition. 2 Heard the learned counsel for the petitioner as well as the standing counsel appearing for the respondent – Corporation. 3 From a perusal of the notice impugned in this Writ Petition, it is clear that it is issued under Section 146 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’). According to the said provision of law, as and when it is required by the Commissioner, any immovable property can be acquired by agreement and if the parties do not arrive at a consensus, then they have to resort to Section 147 of the Act. Section 147 of the Act deals with the procedure when the immovable property cannot be acquired by agreement. So, petitioner now approaching this Court means that he is not agreeable to part with the property. Hence the only remedy that is left open to the respondent is to follow the procedure provided for under Section 147 of the Act. 4 Accordingly, this Writ Petition is disposed of at the stage of admission directing the respondents to follow the procedure as provided under Section 147 of the Greater Hyderabad Municipal Corporations Act, 1955, which is adopted by the Greater Visakhapatnam Municipal Corporation also. Till such proceedings are initiated, the petitioner shall not be dispossessed from out of the property bearing D.No. 62-6-5, Jawahar Nagar Road, Sriharipuram, Malkapuram Post, Visakhapatnam. No order as to costs. ------------------------------ SRI T.G.K, J. 04.12.2008 Kvsn