IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 6218 of 2008 Between: Sri Valluru Venkata Rama Krishna, S/o. Late Sri Venkateswara Rao, R/o. 40-24-17/2, Patamata Lanka, Vijayawada-10. ..... PETITIONER AND 1. The Government of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Hyderabad. 2. The District Collector, Krishna District at Machilipatnam. 3. Vijayawada Municipal Corporation, Rep. by its Commissioner At Vijayawada. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 3rd respondent in taking steps to demolish the structures belongs to the petitioner in NTS No.124, vide assessment No.223931 and 142 vide assessment No.223745, situated at Vijayawada Municipal Corporation, at Vijayawada, without following due process of law, is illegal, arbitrary, contrary to law and violative of Principles of Natural Justice and consequently direct the 3rd respondent not to demolish the property belonging to the petitioner in NTS No.124, vide assessment No.223931 and 142 vide assessment No.223745, situated at Vijayawada Municipal Corporation, at Vijayawada. Counsel for the Petitioner:MR.Y.RAMA RAO Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.6218 OF 2008 ORAL ORDER: The learned counsel for the 3rd respondent had stoutly disputed the claim of the petitioner that no structures standing facing M.G.Road, Vijayawada Municipal Corporation limits are sought to be demolished without either obtaining the consent of the land owner or adopting the procedure known to law for acquiring the land in question. The apprehension of the writ petitioner is that without either following the procedure available under Section 146 read with Section 147 of the Hyderabad Municipal Corporation Act, which Act is applicable to Vijayawada Municipal Corporation or the Land Acquisition Act, the respondents may demolish his structures. In view of the submission made by the learned counsel for the 3rd respondent, the apprehension of the writ petitioners is belied and, therefore, the writ petition is disposed of at the admission stage directing the respondents to undertake demolition of the structures as a part of road widening exercise of the M.G.Road, Vijayawada only after following the procedure under Sections 146 and 147 of the Hyderabad Municipal Corporation Act or the Provisions of the Land Acquisition Act, but not otherwise. -------------------------------- Nooty Ramamohana Rao, J Note: Issue copy by tomorrow. (bo) mrk 24th March 2008 ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN}