IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.3596 of 2006 Between: M.Srinivasa Raju and others ..... Petitioners AND Municipal Corporation of Vijayawada and 2 others. .....Respondents Counsel for the Petitioners: Sri V.Subrahmanyam Counsel for Respondent Nos.1 & 2: Smt.G.Jhani, SC for Vijayawada Municipal Corporation Counsel for respondent No.5: Sri V.Raghu. The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.1 and 2, in dispossessing the petitioners from their plots bearing Nos.82, 80 and 81, situated in R.S.Nos.2/1 and 2/2 of Mutyalampadu Area, Ward No.24, Kanakadurga Nagar, Vijayawada Municipal Corporation, as illegal and arbitrary. A detailed counter-affidavit has been filed by the Commissioner of respondent No.1-Municipal Corporation wherein it is inter alia stated that on a representation received from the residents of Kanakadurga Nagar, the site, in occupation of the petitioners, was inspected; that it was found that there was a fencing and a hut in the said site falling under the master plan for laying of 100 feet wide road; that after verification of the records, the occupant of the said thatched house was asked to produce the documents possessed by him and that so far no documents were produced. While denying that respondent No.1 is interfering with the possession of the petitioners without issuing any notice, it is asserted that respondent No.1 will follow due procedure before evicting the petitioners from the said site. In the light of the averments contained in the counter-affidavit discussed above, the Writ Petition is disposed of with the direction to respondent No.1 to follow the due process of law before seeking to evict the petitioners from the plots in question. Respondent No.1 is further directed to take appropriate steps in this regard, by issuing notice to the petitioners, within a period of one month from the date of receipt of a copy of this order. On receipt of explanation, if any, from the petitioners, respondent No.1 shall consider the same, pass appropriate order thereon and communicate the same to the petitioners. As a sequel to disposal of the Writ Petition, WPMP.No.4471 of 2006u, filed by the petitioners for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) 21st June, 2011 lur