HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.26524 of 2007 Date : 30-6-2011 Between : Akula Mallamma and others .. Petitioners And The Government of Andhra Pradesh, Represented by its Secretary, Roads & Buildings Department, Secretariat, Hyderabad and another .. Respondents Counsel for petitioner : Sri J.Lakshmi Narayana for Sri L.J.Veera Reddy Counsel for respondent No.1: Assistant Government Pleader for Roads & Buildings Counsel for respondent No.2 : None appeared The Court made the following: ORDER: At the Interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This Writ Petition is filed for a mandamus to declare the action of respondent No.2 in seeking to demolish the petitioners’ houses bearing Door Nos.2/442, 2/457 and 2/419, T.B. Road, Proddatur, Kadapa District without acquiring the same as per the provisions of the Land Acquisition Act, 1894 (for short "the Act"), as illegal and arbitrary. The petitioners, who are the owners of the premises referred to above, filed this Writ Petition on the apprehension that for the purpose of widening of the road to the extent of 80 feet, the respondents are likely to demolish part of their buildings without following due process of law. A counter-affidavit is filed by respondent No.2 wherein he has inter alia stated that the petitioners have encroached the Government land and have been utilizing the same without any permission from the competent authority. Details of the land encroachments are mentioned in para-5 of the counter-affidavit. He has further stated that as there was some resistance for maintaining the width of 80 feet of T.B. Road, from the residents of the area, a meeting was held by the District Collector with the Commissioner of Municipality, Proddatur and other Department officials and that in the said meeting, the original proposal was revised by restricting the proposed width of the road to 72 feet. It is further stated that even by maintaining such a width, certain properties are likely to be affected and that as at present the work of widening of the road is not being taken up and proposals for administrative sanction for such widening are pending. It is further stated that before taking up the road widening work, due process of law will be followed in the event such work requires demolition of private properties. The stand referred to above contained in the counter- affidavit of respondent No.2 is placed on record and the Writ Petition is accordingly disposed of. As a sequel, interim order dated 13-12-2007 is vacated and WPMP No.34602/2007 is disposed of. _________________________ Justice C.V. Nagarjuna Reddy Date : 30-6-2011 AM