THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32613 OF 2011 O R D E R: This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondent in taking steps to dispossess the petitioners from their respective pieces of lands to an extent of Ac.0.38 cents in S.No.30/5, Ac.0.31 cents in S.No.30/6, Ac.0.15 cents in S.No.30/7, Ac.0.27 cents in S.No.30/8, Ac.0.29 cents in S.No.30/9 and Ac.0.28 cents in S.No.30/10 totalling an extent of Ac.1.68 cents of Chinnagadili Village of Visakhapatnam Rural Mandal of Greater Visakha Municipal Corporation as illegal and arbitrary and consequently direct the respondent not to take any coercive steps to dispossess the petitioners from the said lands. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners are the owners and possessors of the aforementioned property having acquired the same through succession. As the value of the lands in and around the Corporation has become high, there is every chance of interference with the possession and enjoyment of their property by third parties. When the respondent Corporation was also interfering with the peaceful possession and enjoyment of their lands, the petitioner made a representation on 02.12.2011 requesting them not to interfere with their peaceful possession and enjoyment and placed all the material before the respondent. Inspite of it, there is a threat of dispossession by the respondent Corporation and hence, the present writ petition is filed. 3. Learned counsel for the petitioners contended that the petitioners, being the owners of the aforementioned property, are represented by the General Power of Attorney Holder and without following the due process of law, the respondent Corporation is trying to dispossess them from their respective pieces of land and hence, he prays to issue a direction to the respondent Corporation not to dispossess the petitioners from their respective lands. 4. On the other hand, learned Standing Counsel for the respondent Corporation contended that the petitioners have not filed any documents to show that they have got any title to the property in question and therefore, after following the due process of law, necessary action would be initiated against the persons, who are in the possession of the property. 5. The grievance of the petitioners is that the respondent Corporation is trying to dispossess them from the lands, which were in their possession. Except the revenue records, they have not filed any records to show that they have got a right, title and interest over the said property. Therefore, the respondent Corporation has to take appropriate decision in accordance with law after issuing a notice under Section 406 of the Hyderabad Municipal Corporation Act, 1955 if the petitioners are owners of the property, and if they are not the owners, procedure prescribed under Section 405 of the said Act has to be followed. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 13th December, 2011 Note:- Furnish C.C. within three days. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32613 OF 2011 Date:13.12.2011 AMD