THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.27251 of 2011 Dated 29th September, 2011 Between: M.V.N.Prasad and others …Petitioners And The Government of Andhra Pradesh, rep.by its Principal Secretary, Municipal Administration, Secretariat Buildings, Hyderabad and others …Respondents Counsel for the petitioners: Sri K.Narendranath Reddy Counsel for respondent No.1: AGP for Municipal Administration Counsel for respondent No.2: Sri T.Bheemanna For Sri S.Nageswara Reddy The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in trying to demolish part of the shops bearing D.Nos.37-1-172 and 37-1-167-18 of Kurnool Road, Ongole, Prakasam District without following due process of law. I have heard Sri K.Narendranath Reddy, learned counsel for the petitioners, and Sri T.Bheemanna, learned counsel, representing Sri S.Nageswara Reddy, learned Standing Counsel for Municipalities representing respondent No.2. The petitioners claim to be the owners and possessors of the shops bearing the above-mentioned door numbers, having acquired the same by way of registered partition deed, dated 16.09.2002. Their grievance is that respondent Nos.2 and 3 have marked their shops for the purpose of widening the existing Kurnool road to 100 feet without issuing any notice. In my opinion, under Article 300-A of the Constitution of India, no person can be deprived of his property except by following the procedure established by law. Under Section 174 of the A.P.Municipalities Act, 1965, while vesting the power of acquisition of the property comprising land and buildings of any person in the municipal body, a procedure has been laid down which includes payment of compensation as envisaged therein. Unless the said procedure is followed by respondent No.2, it has no power or authority to take over the private property belonging to the petitioners. For the above-mentioned reasons, the writ petition is disposed of with the direction to respondent No.2 to act strictly in accordance with Section 174 of the Act, if it requires the petitioners’ property for the purpose of road widening. As a sequel to disposal of the writ petition, W.P.M.P.No.33642 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 29th September, 2011 VGB