HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.23487 of 2004 Order: The petitioner seeks a Writ of Mandamus declaring the action of the respondents in making marks on his property bearing Door No.118/1, Ward No.17, Trunk Road, Nellore, to demolish the same for the purpose of road widening, without initiating proceedings under the Land Acquisition Act, 1894, as illegal and arbitrary. 2. The petitioner claims to be the owner and possessor of the aforesaid house property having purchased the same by way of registered sale deed dated 04-05-1995. It is his grievance that, for the purpose of road widening, respondents have surveyed the affected portions and made marks on his property for removal of structures, without following due process of law. Precisely, it is his case that in absence of any proceedings initiated under the Land Acquisition Act, 1894, respondents cannot take possession of his property by demolishing the structures. 3. At the stage of admission, this court, by order dated 20-12-2004, directed the respondents to maintain status quo. 4. The Commissioner, Nellore Municipality, has filed counter affidavit. In the counter affidavit, while generally denying the allegations of the petitioner, it is stated that the site of the petitioner falls in the master plan area for commercial purpose. It is stated that neighbours of the petitioner have voluntarily left their sites for the purpose of road widening and the road portion was widened to that effect; however, the petitioner did not leave space for the purpose of road widening. It is further stated that the site of the petitioner is required for the purpose of road widening and the same will be acquired under the provisions of the Land Acquisition Act, 1894. 5. From the counter affidavit filed on behalf of the respondents, it is clear that though there is a proposal for widening of the road and it is stated that, for the said purpose the site of the petitioner is required, the same has not yet been notified under the provisions of the Land Acquisition Act, 1894. 6. In the circumstances, I dispose of the writ petition directing the respondents not to take possession of the property of the petitioner or demolish any structures existing therein without following due process of law. However, it is made clear that if the property of the petitioner is required for the purpose of road widening, this order will not preclude the respondents either to notify the same under the provisions of the Land Acquisition Act, 1894 or obtain the consent of the petitioner. No order as to costs. _________________________ R. SUBHASH REDDY, J. August 11, 2009 MRR