IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18007 of 2008 Between: Athili Appala Swamy, S/o. (L) A.P.V. Rama Murthy, R/o. D.No. 36-92-36/2, Near Steel City Public School, Ward No.3, Kancharapalem, Visakhapatnam. ..... PETITIONER AND The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. .....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, direction, or Order, more particularly one in the nature of Writ of Mandamus declaring action of the Respondent in laying the Public Road in the Petitioner's Property situated in Survey No. 30/2, and 30/1 Kaprada Village, Visakhapatnam, which is in the ward No.38 abetting to Kancharapalem Fire Sttion, Near Burma Camp is highly illegal and unjustified with a direction to the respondent not lay the Public Road in the Petitioner's Property situated in Survey No. 30/2, Kaprada Village, Visakhpatnam, which is in the Ward no. 38 abetting to Kancharapalem Fire Station, Near Burma Camp without following due process of law and pass Counsel for the Petitioner:MR.M.V.S.SAI KUMAR Counsel for the Respondent No.: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18007 OF 2008 ORDER: 1. This writ petition has been filed by A. Appala Swamy assailing the action of the Respondent in laying the public road in the petitioner’s property situated in Survey No. 30/2, and 30/1, Kaprada village, Visakhapatnam without following due process of law as illegal and arbitrary. 2. The petitioner claims that he is the absolute owner of the land situated in Survey No. 30/2 and 30/1 admeasuring Ac.5-00 gts. being the legal heir of his grand mother. The Government acquired Ac.1-30 cents in Survey NO. 30/2 for the purpose of construction of service Reservoir including laying of pipe line and paid compensation to his grand mother as per Award NO. 2 of 1981. 3. It is the grievance of the petitioner that the respondent is contemplating to lay the public road on the property owned by him without following due process of law. Hence, he invoked jurisdiction under Article 226 of the Constitution of India. 4. When the writ petition came up for admission Sri N. Ranga Reddy learned standing counsel of Greater Visakhapatnam Municipal Corporation received notice on behalf of the respondent. 5. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent. 6. Indisputably no proceedings have been initiated for acquiring the land owned by the petitioner for laying a public road. 7. In that view of the matter, the writ petition is disposed of directing the respondent to follow the due process of law in the event the land owned by the petitioner is required for lying public road. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 19th August, 2008. Note: C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18007 OF 2008 19th August, 2008.