HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26624 of 2011 Date: 22.09.2011 Between: Burle Vimala and another ..... Petitioners AND: The Greater Hyderabad Municipal Corporation, Reptd by its Commissioner, Visakhapatnam and six others. .....Respondents Counsel for the Petitioners: Sri Kuriti Bhaskara Rao Counsel for Respondent No.1: Sri N.Ranga Reddy Standing Counsel for GVMC Counsel for Respondent No.2: AGP for Revenue Counsel for Respondent No.3: GP for Roads and Buildings Counsel for Respondent Nos.4 to 7: ------ The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in seeking to utilise the petitioners’ property relating to Door No.4-83 (5-34A Old), Assessment No.951 (478 and 479 Old) in Survey No.81 of Adivivaram, Padmanabham Mandal within the limits of Greater Visakhapatnam Municipal Corporation for the purpose of road widening as arbitrary and illegal. At the hearing, Sri N.Ranga Reddy, learned Standing Counsel for the Greater Visakhapatnam Municipal Corporation, representing respondent No.1, stated that there is a serious title dispute between the petitioners on one side and respondent Nos.4 and 7 on the other and that, therefore, the petitioners have no locus to file this Writ Petition. In my opinion, the limited grievance of the petitioners in the present Writ Petition is that while there are claims and rival claims with respect to the title of the property in question between them and respondent Nos.4 to 7, respondent No.1 is seeking to utilise a substantial portion of the said property for road widening without acquiring the same. Irrespective of whether the petitioners have absolute title over the property in dispute or not, the fact remains that they are claiming interest thereon. At any rate, respondent No.1 cannot utilise the property in dispute, which admittedly is a private property, without following due process of law. Accordingly, respondent No.1 is directed not to utilise any part of the property referred to above, without following the procedure pertaining to acquisition of the private property under Sections 146 and 147 of the Greater Hyderabad Municipal Corporation Act, 1955. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.32857 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. ______________________________ C.V.NAGARJUNA REDDY, J 22nd September 2011 DR