THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32500 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 Corporation in attempting to lay pucca black top road through the land of the petitioners to an extent of Ac.0.25cs in Sy.No.39/2 situated in Allipuram Ward, Sunkavanipalem, Akkayyapalem, Visakhapatnam-16 belonging to the petitioners as illegal and arbitrary and consequently direct the respondent not to lay any road through the petitioners’ land without acquiring the same as required by law and pay adequate compensation to the petitioners. 2. The brief facts, stated in the affidavit filed in support of the writ petition, are that the petitioners are the absolute owners of the aforementioned property to an extent of Ac.2.25 cents in total having inherited the same from their ancestors. Out of the total land, they sold an extent of Ac.2.00 cs to various persons and they have been in possession of Ac.0.25 cs. When the petitioners tried to make pucca constructions in the said site, the officials of the respondent Corporation objected them stating that the Corporation proposed to lay black top road through that land on payment of compensation. So, the petitioners did not make pucca constructions, but only raised a thatched hut and one of the petitioners has been residing in it. While so, the officials of the respondent Corporation are making attempts for laying a pucca road through that land without acquiring the land after paying adequate compensation. Hence, they filed the present writ petition. 3. Learned counsel for the petitioners contended that the petitioners are the owners of the aforementioned property and the respondent Corporation is trying to lay the road without there being any authority and hence, prays to issue a direction to the respondent Corporation not to lay any road through the petitioners’ land without acquiring the same, as required under law. 4. On the other hand, learned Standing Counsel appearing for the respondent Corporation contended that the procedure contemplated under the Greater Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’) would be followed in case the land of the petitioners is required for the purpose of laying the said road provided the petitioners establish their right, title and interest over the property. 5. The case of the petitioners is that the respondent Corporation is trying to lay a pucca black top road through the land of the petitioners to an extent of Ac.0.25 cents. The petitioners claim that they are the owners of the said property. No document is filed along with the writ petition to show that they have got a right, title and interest over the property in question. However, the respondent Corporation is directed to follow the due process of law in case the petitioners are found to be the owners of the land in question after giving notice to the petitioners, as required under Sections 146 and 147 of the Act. In case petitioners are not shown to be the title holders, procedure under Section 405 of the 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 26th December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32500 OF 2011 Date:26.12.2011 AMD