IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 1458 of 2009 Between: Gandikota Ramakrishna ..... PETITIONER AND The Greater Visakhapatnam Municipal Corporation, rep.by its Commissioner, Tenneti Bhavan Visakhapatnam. .....RESPONDENT THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.1458 of 2009 Order: The petitioner claims to be the absolute owner and possessor of house plot bearing No.2 to an extent of 247 sq.yards situated in Survey No.53 part (old Survey Nos.53/BR and 54/C) of Adivivarama Gram Panchayat, China Gadili Mandal, Visakhapatnam District, having purchased the same under a registered document No.6165/2003. While so, it is the case of the petitioner that the respondent-Corporation is proposing to widen the existing road, which is connecting NH-5 and Simhachalam, and that in the process, without following due process of law, the Corporation is trying to interfere with the possession of the petitioner. Hence, the present writ petition. When the matter came up for consideration on 30.01.2009, at the request of the learned Standing Counsel, who took notice for the Corporation, two weeks time is granted by this Court and directed the parties to maintain status quo. Today, the respondent-Corporation filed a counter in the matter denying the allegations made by the petitioner and at para-4 thereof it is stated as under: “In reply to the averments made in paras-3 to 5 of the petitioner’s affidavit, the respondent corporation submits that in the recent past the Visakhapatnam Municipal Corporation has been upgraded as Greater Visakhapatnam Municipal Corporation duly merging Gajuwaka municipality and 32 surrounding Panchayat Areas. The respondent corporation proposed to widen the existing roads in public interest to cater the needs of public. Hanumathawaka – Darapalem Road is one of such important and major road, which has been proposed to widen as 200’-00’ wide road. The respondent corporation further submits that the site in question against which the petitioner is claiming right is situated in Survey No.53 measuring to an extent of 247 square yards. It is a fact the said site is having road towards northern side popularly known as Mudasarlova Road, which has been proposed to widen as 200’-00’ in implementing the sanctioned Master Plan for Visakhapatnam Metro Region. The respondent corporation also conducted a survey and also identified the affected private properties in the proposed road widening. Since the respondent being a corporation institution it cannot take law into its own hands. Unless and until the due process of law is followed, the respondent corporation cannot form the road through private properties…” In view of the stand taken by the Corporation in the counter affidavit that it shall follow due process of law, if it requires the private properties for widening of the road, no orders need be passed in this writ petition. Accordingly, the writ petition is closed. No costs. ___________________ N.V. RAMANA, J. Date:20.08.2009 VGB