THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 27687 of 2010 O R D E R: This Writ Petition has been instituted seeking a writ of mandamus for declaring the action of the respondents in taking over the property belonging to the writ petitioner situate at Naaz Theatre Road, Chirala, for the purpose of road widening, as arbitrary and illegal and consequently, to direct the respondents not to interfere with the possession of the writ petitioner over her property, without following due process of law. Sri S. Nageswara Reddy, learned Standing Counsel for the 2nd respondent Municipality submits that if the writ petitioner does not accord her willingness and consent for utilizing the land belonging to her for road widening purpose, the Municipality would invariably take recourse to acquisition, in terms of Section 42 of the Andhra Pradesh Municipalities Act, 1965, if it is needed for a public purpose. Till then, the Municipality would not dispossess the writ petitioner. In view of this statement, the respondent Municipality will take recourse to the provisions contained under Section 42 of the 1965 Act, if the writ petitioner does not give her consent and then alone, undertake the road widening work, but not otherwise. With this, the Writ Petition stands disposed of at the admission stage, with the consent of Sri S. Nageswara Reddy, learned Standing Counsel for the 2nd respondent. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 9th November 2010 Issue CC in two days. ksld