THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 27894 of 2010 O R D E R: This Writ Petition has been instituted seeking a writ of mandamus for declaring the action of the respondents in trying to demolish the shop belonging to the writ petitioner situate at D.No. 28/233/1, Opp. IOC Petrol Bunk, Vinukonda Town, Guntur District, for the purpose of road widening, as arbitrary and illegal and consequently, to direct the respondents not to demolish the property of the writ petitioner, without following due process of law. Sri M. Prabhakar Rao, learned Standing Counsel for the 1st respondent Municipality submits that if the writ petitioner does not accord his willingness and consent for utilizing the land belonging to him for road widening purpose, the Municipality would invariably take recourse to acquisition, in terms of Section 42 of the Andhra Pradesh Municipalities Act, 1965, if it is needed for a public purpose. Till then, the Municipality would not dispossess the writ petitioner. In view of this statement, the respondent Municipality will take recourse to the provisions contained under Section 42 of the 1965 Act, if the writ petitioner does not give his consent and then alone, undertake the road widening work, but not otherwise. With this, the Writ Petition stands disposed of at the admission stage, with the consent of Sri M. Prabhakar Rao, learned Standing Counsel for the 1st respondent. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 10th November 2010 Issue CC in four days. ksld