HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.20962 of 2011 ORDER: This writ petition is filed to declare the action of the respondents 2 and 3 in contemplating to demolish the house property of the petitioner i.e. land admeasuring 300 square yards bearing Door No.26- 2-11 and 26-2-12 at Hanumantha Waka Junction, Visakhapatnam as illegal and arbitrary, and consequently direct the respondents not to demolish the same. 2. Brief facts which are necessary for disposal of this writ petition are that the petitioner is in possession and enjoyment of the said land and therein she has constructed shops-cum-residential house and she is paying municipal tax from time to time. On 18-07-2011, the 3rd respondent along with his subordinates inspected the area and instructed his subordinates to make markings for the purpose of removing the unauthorized structures. Therefore, she made a representation to the 1st respondent on 21-07-2011 bringing to his notice about the action of the 3rd respondent to demolish the property. Again on 23-07-2011, the respondents 2 and 3 visited the area and marked 90% of their property informing them to vacate the property since the said marked land belongs to the Corporation and they are going to demolish her property. The grievance of the petitioner is that without considering the representation made by her and without following the proper procedure as provided under Sections 146 and 147 of the Greater Hyderabad Municipal Corporation Act, 1955 (for brevity ‘the Act’) the respondents are going to demolish their property. Hence, the writ petition. 3. Heard the learned counsel for the petitioner, learned Government Pleader for R-1 and the learned standing counsel for R-2 and R-3 and perused the record. 4. The learned counsel for the petitioner contended that the respondents are contemplating to demolish the house property in question without following the due process of law and hence, prays to issue a direction to the respondents. 5. The learned standing counsel for the respondent contended that the respondent would follow the provisions under Sections 146 and 147 of the Act, that in case, the petitioner filed a title or if he has a title, the respondent-Corporation would have issued a notice under Sections 405 and 406 of the Act and hence, prays to dismiss the writ petition. 6. Even according to the case of the petitioner, she is said to be in possession of the property. The petitioner did not produce any title to show that she has got right and title to the extent of land in question. But, however, she filed certain tax receipts to show that she is in the possession of the property. Even if she is not having title, the respondent Corporation cannot evict her forcibly, but they have to follow the procedure as contemplated under Sections 405 and 406 of the Act. Similarly, if the petitioner is having a title, they can follow the procedure as contemplated under Sections 146 and 147 of the Act. 7. Therefore, the writ petition is disposed of directing the respondents 2 and 3 to follow due procedure of law in evicting the petitioner from the premises in question. No order as to costs. ___________________ JUSTICE K.C.BHANU 24th November 2011 kvr