IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 11545 of 2008 Between: 1 Bandi Lakshmi W/o. Satyanarayana R/o. D.No. 38-30-54/1, Marripalem, Visakhapatnam. 2 Vallabha Vasudeva Pathi S/o. Vallabha Narayana Pathi R/o. D.No. 57-1-33/4, Kancharapalem Main Road, Visakhapatnam. 3 Chandaram Apparao s/o. Late Appanna R/o. D.No. 38-40-83, Marripalem, Visakhapatnam. ..... PETITIONER(S) AND The Greater Visakhapatnam Municipal Corporation rep. by its Commissioner, Visakhapatnam, Visakhapatnam District. .....RESPONDENT 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, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondent Corporation in trying to demolish the structures of the petitioners i.e. the 1st petitioner bearing D.No.57-1-114, ( Assessment No. 72175 ) an extent of admeasuring 76 Square yards, property situated at Marripalem Main Road, Nearer to ITI Junction, Visakhapatnam, 2) the 2nd petitioner bearing D.No. 57-1-33/4 (Assessment No. 71045/B) an Extent of admeasuring 80 square yards consisting 2floors R.C.C.House property situated at Kancharapalem Main Road, Visakhapatnam and 3) the 3rd petitioner is being D.No. 38-40-83, (Assessment No. 69912) of Marripalem Main Road, Visakhapatnam, i.e. D.No. 38-40-83 (Assessment No. 69912) of Marripalem Main Road, Visakhapatnam respectively as being illegal, arbitrary, unjust, violative of principles of natural justice and consequently direct the respondents not to demolish the structure belonging to the petitioner without due process of law and pass Counsel for the Petitioners: MR.M.VISWANADHAM Counsel for the Respondent: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : O R D E R : This writ petition has been filed by the petitioners who are three in number assailing the action of Greater Visakhapatnam Municipal Corporation-1st respondent in trying to demolish their structures without following due procedure contemplated under the provisions of Hyderabad Municipal Corporation Act. This writ petition came to be admitted on 29.5.2008. On the same day an interim direction also came to be issued to the respondents not to evict the petitioners unless and until the land acquisition proceedings are initiated or any negotiations are conducted with them for acquiring the land. When the interlocutory application came up for further orders learned Standing Counsel appearing for the respondent- Corporation submits that the Corporation would follow the provisions of Hyderabad Municipal Corporation Act in the event of the site in question is required for road widening. Such is the situation, no cause of action survives in this writ petition. Accordingly, this writ petition is disposed of directing the respondent-Corporation to follow the procedure contemplated under the Hyderabad Municipal Corporation Act in the event of the land owned by the petitioners is required for road widening. No costs. 20th June, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.11545 OF 2008 POSTED IN WEB. 20TH JUNE 2008.