THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22037 of 2006 Date: 18.02.2011 Between : Shaik Habeebulla and another. … Petitioners and Kadapa Municipal Corporation, Rep.by its Commissioner and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22037 of 2006 ORDER : This writ petition is filed to declare the action of the 1st respondent-Commissioner, Kadapa Municipal Corporation in interfering with the peaceful possession of the petitioners’ property without initiating the proceedings under the Land Acquisition Act, 1894 (for brevity “the Act”) as arbitrary and illegal. 2. The petitioners claim to be the owners of the premises bearing Municipal Door No.2/494, Nagarajupeta, Kadapa Town. Earlier when the possession of the petitioners over the said premises was sought to be disturbed, they approached this Court by way of filing W.P.No.25922 of 2005 and this Court by a common order dated 05.12.2005 disposed of the said writ petition along with other similar batch of writ petitions directing the respondents not to demolish the structures or take away any portion of the properties of the petitioners and not to dispossess them without following due process of law under Sections 146 and 147 of the Hyderabad Municipal Corporation Act, 1955 or private negotiations or initiating the proceedings under the Land Acquisition Act, 1894. Pursuant to the said orders, the 1st respondent issued letter Roc.No.6066/2005/G1, dated 4.4.2006, under Section 146 of the Act seeking consent of the petitioners for handing over the land for the purpose of road widening. Even though the petitioners submitted their explanation dated 12.7.2006 declining to give their consent, the 1st respondent persisted to take over their land and made markings of the affected area on 9.10.2006 and 10.10.2006. Therefore, apprehending that they would be dispossessed from their land despite the earlier orders of this Court in W.P.No.25922 of 2005, dated 5.12.2005, and without following the due process of law, the petitioners have filed the present writ petition. 3. Heard Sri A.Srinath, learned counsel appearing for the petitioners as well as Sri Palle Nageswara Rao, learned Standing Counsel for 1st respondent-Corporation. 4. The learned Standing Counsel for the 1st respondent, on instructions, submits that the 1st respondent-Corporation has no intention either to disturb the possession of the petitioners from the subject land, nor it intends to take away the petitioners’ land without following due process of law. He also submits that if at all the petitioners’ land is required for any public purpose, including the road widening, the same will be acquired after following the due process of law. 5. In view of the categorical statement made by the learned Standing Counsel for the 1st respondent-Corporation, placing the said statement on record, this writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE NOUSHAD ALI 18.02.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.22037 of 2006 18.02.2011 (Msr)