IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.9492 of 2009 Between: M. Rama Lakshmamma W/o. Late Adinarayana W/o. Chitti Babu, Age:42, R/o. Plot NO.22, Kamalapuri Colony, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Rep. by its Commissioner Tank Bund, Hyderabad. 2 The Assistant City Planner Greater Hyderabad Municipal Corporation Circle No.10, Khairatabad, Hyderabad. 3 Jubilee Hills House Building Cooperative Society Rep. by its Secretary Road No. 17A, Jubilee Hills, Hyderabad. .....RESPONDENTS 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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring as illegal and arbitrary the Letter No. 332-L/ACP/CX/GHMC/2009 dated 03-02- 2009 issued by the 2nd Respondent seeking to utilize 368.42 Sq. Yds. of the petitioner's Plot bearing No. 332-L-III situate in Old S.No. 403 and new S.No.120 of Sheikpet Village, Hyderabad for the purpose of maintaining the Road No. 82 as 120 feet wide road and further direct to maintain Road No. 82 at 120 feet wide as per the sanctioned plan and issue consequential directions to the Respondents to refrain from utilizing any part of the land from the plot of the petitioner. Counsel for the Petitioner:MR.D.V.SITARAMAMURTHY Counsel for the Respondents:SMT.KALPANA EKBOTE The Court made the following : ORDER: This writ petition is directed against the impugned letter of Greater Hyderabad Municipal Corporation, dated 03.02.2009 seeking consent of the petitioner for the area affected under road widening in plot No.332L, Jubilee Hills, Hyderabad. Heard both sides. Since this writ petition is directed only against the aforesaid letter of consent, since the petitioner is not willing to give consent, nothing survives to adjudicate in this writ petition. Under the Hyderabad Municipal Corporation Act, the Corporation can acquire any property either by consent or by process of acquisition under the Land Acquisition Act. Since the petitioner is not willing to give consent, no further aspects survive to be considered in this writ petition. The writ petition is accordingly, dismissed. No costs. _____________________________ VILAS V.AFZULPURKAR, J 6th MAY, 2009. kvni/kdl