IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3478 of 2008 Between: Gudipati Suvarna W/o.Somaiah, R/o.18-8-29/B,Kedreeswarapeta Vijayawada Krishna Dist ..... PETITIONER AND 1 The Vijayawada Municipal Corporation rep.by its Commissioner 2 Town Planning Officer Vijayawada City,Vijayawada .....RESPONDENT(S) Counsel for the Petitioner :MR.M.P.V.N.R.V.SASTRI Counsel for the Respondents: SMT.G.JHANSI The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No : 3478 of 2008 ORDER: This writ petition is filed for a writ of mandamus to direct the respondents not to take coercive steps to utilize the petitioner’s property bearing No.18-8-29/B of Kedareeswarapeta, Vijayawada, to the extent of 32 square yards. Heard Sri M.P.V.N.R.V. Sastri, learned counsel for the petitioner a n d Smt. G. Jhansi, learned Standing Counsel appearing for the respondents. The grievance of the petitioner is that for the purpose of road widening the respondents are seeking to utilize a portion of his property without following the procedure prescribed under the provisions of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’). The petitioner stated that on 16.02.2008 the staff and workers of respondent No.2 forcibly entered into his property and demolished the staircase infront of his premises and warned him to vacate the premises within two days, failing which the main structure will be demolished. Under the provisions of the Act, which is admittedly applicable to respondent No.1 Corporation, the respondents are bound to follow the procedure prescribed either under Section 146 or 147 of the Act. If the owner of the property gives his consent, the respondents can utilize his property under Section 146 of the Act, failing which they are bound to follow the procedure prescribed under Section 147 of the Act. In view of the grievance expressed by the petitioner that the respondents are seeking to demolish the structures belonging to him and utilize the land for the purpose of road widening, the respondents are directed to follow the procedure as indicated above and not to utilize any part of the property of the petitioner without following such procedure. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.4530 of 2008 filed by the petitioner for interim relief is disposed of as infructuous. C.V. NAGARJUNA REDDY, J Date: 21.02.2008 ES To 1.2CCs 2.2CD copies